Petition to condone 89 days' delay in filing a writ appeal against an order directing the District Collector to consider a representation alleging misuse of panchayat authority. The court found the appeal filed with oblique motive and dismissed the delay condonation petition with costs; the writ appeal was rejected at the SR stage.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
C.M.P(MD)No.1931 of 2024 in
W.A(MD)SR.No. 5789 of 2024
P. Raja
... Petitioner/Appellant
-Vs-
... Respondents/Respondents
Page 1 of 6
PRAYER in C.M.P(MD)No.18851 of 2024: Petition filed under Section 5 of the Limitation Act, to condone the delay of 89 days in preferring this writ appeal before this Court as against the Order passed in W.P(MD)No.9897 of 2021, dated 27.09.2023.
PRAYER in W.A(MD)SR.No. 5789 of 2024 : Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the Order, dated 27.09.2023 passed in W.P(MD)No.9897 of 2021 on the file of this Court.
For Petitioner : Mr.V.Karuna For R-2 to R-5 : M/s. D.Ghandiraj, Special Government Pleader
ORDER
DR.G.JAYACHANDRAN, J. AND R.POORNIMA , J.
This petition is filed to condone delay of 89 days in preferring the Writ
appeal by the 7th respondent, who got himself impleaded in the Writ petition filed by one M.Logeshwaran.
Page 2 of 6
official position of 5th respondent as President of the 2nd respondent Panchayat Union.
Page 3 of 6
petitioner/appellant herein with oblique motive has filed this Appeal, with delay of 89 days. Therefore, this Court is inclined dismiss with Costs.
[Rupees Five Thousand Only] as Costs, payable to the District Collector Relief Fund, DIndigul District, Dindigul, within a period of 30-days from the date of this order, failing which, the District Collector is entitled to collect the money under Revenue Act.
Consequently, connected Writ Appeal is also rejected at SR stage. No costs.
[G.J., J.] & [R.P., J.] 27.03.2025
NCC : Yes / No Index : Yes / No KSA
Page 4 of 6
To
Page 5 of 6
DR.G.JAYACHANDRAN, J. AND R.POORNIMA , J.
KSA
C.M.P(MD)No.1931 of 2024 in W.A(MD)SR.No. 5789 of 2024
27.03.2025
Page 6 of 6
1 issue framed by the court
Whether the 89-day delay in filing a writ appeal against an order in W.P(MD)No.9897 of 2021 should be condoned.
2 provisions across 2 enactments
P. Raja
M.Logeshwaran
The District Collector, Dindigul District, Dindigul
The Block Development Officer, Panchayat Union, Balakrishnapuram, Dindigul
The Assistant Director of Panchayat, Dindigul Collectorate, Dindigul
The Tahsildar, Dindigul East, Dindigul
G.Jayachandran
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
