The Transport commissioner Vs Mohamed Rafeek — Madras HC (2025) — LawSathi Research

The Transport commissioner Vs Mohamed Rafeek — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of the 160-day delay in filing W.A(MD)SR.No.10592 of 2025, conditional on payment of Rs.500/- to the High Court Legal Services Committee attached to the Madurai Bench; failing payment, automatic dismissal; on receipt proof, Registry to number the writ appeal and list it for admission on 14.03.2025.

Issue for consideration

Whether the delay of 160 days in filing the writ appeal W.A(MD)SR.No.10592 of 2025 should be condoned, and on what conditions.

Court's answer

Being satisfied with the reasons stated in the affidavit filed in support of the petition, and taking into consideration that the respondent had no objection, the Court inclined to condone the delay of 160 days in filing the writ appeal, subject to payment of costs.

Ratio / Principle

The petition is allowed on payment of Rs.500/- (Rupees Five Hundred only) to the High Court Legal Services Committee attached to the Bench.

Key takeaways

If the prescribed costs of Rs.500/- are not paid forthwith on receipt of a copy of the order, the petition will be dismissed automatically without any further reference to the Court.ratio¶31
On production of the receipt of such payment, the Registry is directed to number the writ appeal, if the papers are otherwise in order, and list the same for admission on 14.03.2025.ratio¶33

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (Civil Appellate Jurisdiction), Order dated 12.03.2025 (bench: Mrs. Justice J. Nisha Banu and Mrs. Justice S. Srimathy) in C.M.P.(MD)No.3076 of 2025 in W.A(MD)SR.No.10592 of 2025: The 160-day delay in filing the writ appeal by the petitioners (The Transport Commissioner and The Joint Transport Commissioner (Admin), Chepauk, Chennai) against the respondent (I. Mohamed Rafeek, Assistant, Regional Transport Office, Theni) is condoned, the affidavit reasons being found satisfactory and the respondent raising no objection, on payment of Rs.500/- (Rupees Five Hundred only) to the High Court Legal Services Committee attached to the Bench; non-payment forthwith results in automatic dismissal without further reference to the Court; upon production of the payment receipt, the Registry is directed to number the writ appeal, if papers are otherwise in order, and list it for admission on 14.03.2025.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Wednesday, the Twelfth day of March Two Thousand and Twenty Five

PRESENT

The HONOURABLE MRS. JUSTICE J.NISHA BANU and

The HONOURABLE MRS. JUSTICE S.SRIMATHY

C.M.P.(MD)No.3076 of 2025 in

W.A(MD)SR.No.10592 of 2025

1 THE TRANSPORT COMMISSIONER

CHEPAUK, CHENNAI -5.

2 THE JOINT TRANSPORT COMMISSIONER (ADMIN), CHEPUAK, CHENNAI -5. ... PETITIONERS

Vs

I. MOHAMED RAFEEK ASSISTANT, REGIONAL TRANSPORT OFFICE, THENI, THENI DISTRICT. ... RESPONDENT

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For Petitioners : Mr.M.Sarangan,

Additional Government Pleader

For Respondent : Mr.H.Mohamed Imran, Advocate

for M/s.Ajmal Associates

ORDER

This petition is filed to condone the delay of 160 days in filing the above Writ Appeal.

2.Heard the learned Additional Government Pleader appearing for the

petitioners and the learned counsel appearing for the respondent.

3.Being satisfied with the reasons stated in the affidavit filed in support of this

petition, taking into consideration that the respondent has got no objection, this Court is inclined to condone the delay of 160 days, however, on payment of costs.

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4.Accordingly, this petition is allowed on payment of Rs.500/- (Rupees Five

Hundred only) to the High Court Legal Services Committee attached to this Bench

forthwith on receipt of a copy of this order, failing which this petition will be

dismissed automatically without any further reference to this Court.

5.On production of receipt of such payment, the Registry is directed to number

the writ appeal, if the papers are otherwise in order and list the same for admission on 14.03.2025.

Sd/12/03/2025

/ TRUE COPY /

13/03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ps

Copy to:

The Officer incharge,

High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

ORDER IN C.M.P.(MD)No.3076 of 2025 in W.A(MD)SR.No.10592 of 2025 Date :12/03/2025

ES/VR/SAR/13.03.2025/3P/2C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

https://www.mhc.tn.gov.in/judis

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