Mills challenged dismissal of applications to condone a 15-day delay and set aside an ex-parte order in an appeal against TNEB. The High Court set aside the orders, granting one more opportunity to argue subject to payment of Rs.5,000 to Legal Aid Services Authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.10.2025
CORAM:
THE HONOURABLE MS.JUSTICE R. POORNIMA
C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012 and
M.P(MD)Nos.1 of 2012, 1 of 2012 & 2 of 2012
C.R.P(MD)No.1259 of 2012
.. Petitioners/petitioners/respondents
Vs.
Ramanathapuram District.
Tamil Nadu Electricity Board,
Ramanathapuram District.
C.R.P(MD)No.1259 of 2012 &
C.M.A(MD)No.797 of 2012
(M.R.D.) Tamil Nadu Electricity Board, Paramakudi, Ramanathapuram District.
(R.E.D.P), Tamil Nadu Electricity Board, Ramanathapuram.
..Respondents /respondents/ appellants
PRAYER: This Civil Revision Petition is filed under Section 227 of Constitution of India to allow the Civil Revision Petition and set aside the Fair and Decreetal Order dated 04.04.2012 made in I.A.No.30 of 2012 in
A.S.No.54 of 2010 on the file of the Subordinate Court, Paramakudi.
For Petitioners : Mr.M/s.A.V.Arun
For Respondents : Mr.B. Ramanathan
Additional Government Pleader
C.M.A(MD)No.797 of 2012
1.M/s. Jaya Vairavan Mills Private Limited, Perunali,
Represented by its Managing Director A.P. Kalimuthu.
2.A.P.Kalimuthu .. Petitioners/Appellants/Plaintiffs
Vs.
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C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012
Ramanathapuram District.
(M.R.D.) Tamil Nadu Electricity Board, Paramakudi.
(R.E.D.P), Tamil Nadu Electricity Board,
Ramanathapuram.
..Respondents /respondents/defendants
PRAYER: This Civil Miscellaneous Appeal is filed under Section 104 and Order 43 Rule 1(t) of Civil Procedure Code to allow the Civil Miscellaneous Appeal and set aside the Fair and Decreetal Order dated 04.04.2012 made in I.A.No.31 of 2012 in A.S.No.54 of 2010 on the file of the Subordinate Court, Paramakudi.
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C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012
For Petitioners : Mr.M/s.A.V.Arun
For Respondents : Mr.B. Ramanathan
Additional Government Pleader
COMMON ORDER
The Civil Revision Petition has been filed against the Fair and Decreetal Order dated 04.04.2012 made in I.A.No.30 of 2012 in A.S.No.54 of 2010 on the file of the Subordinate Court, Paramakudi.
The Civil Miscellaneous Appeal Petition has been filed against the Fair and Decreetal Order dated 04.04.2012 made in I.A.No.31 of 2012 in A.S.No.54 of 2010 on the file of the Subordinate Court, Paramakudi.
to condone the delay of 15 days in filing the ex-parte order set aside petition. The petition in I.A.No.31 of 2012 was filed with a prayer to set aside the ex-parte order dated 17.12.2011 passed in A.S.No.54 of 2010 on the file of the Subordinate Court, Paramakudi.
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C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012
petitions by holding that the petitioners had not satisfactorily explained the reasons for the delay, aggrieved by which the present Civil Revision Petition and Civil Miscellaneous Appeal have been filed.
for the respondents contended that the suit itself is not maintainable and the 1st appellate Court after hearing the respondents passed the order on merits. It was further submitted that the petitioner was involved in a case relating to theft of energy amounting to more than one crore rupees, a criminal case has also filed against the petitioner and the petition is deserves to be dismissed as no merits.
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C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012
materials available on record.
the order and appear before the concerned Court to argue the matter as and when the matter is posted for argument. If the petitioner prolongs the
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C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012
matter, the concerned Court shall not grant more than one opportunity
and shall be at liberty to confirm the order already passed. If the petitioner argues the matter the concerned Court hear the argument afford an opportunity to other side and dispose the same within a period of one month from the date of argument.
Paramakudi to dispose the matter within a period of one month from the date of receipt of a copy of this order.
(i) With the above observation and direction, the Civil
Revision Petition is disposed of. The Order dated 04.04.2012 passed in I.A.Nos.30 and 31 of 2012 in A.S.No.54 of 2010 by the Subordinate Judge, Paramakudi, is hereby set aside. The Subordinate Court, Paramakudi is directed to fix the date for arguing, to hear the argument of the petitioner and dispose the matter within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.
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C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012
(ii). Accordingly, the Civil Miscellaneous appeal is disposed
of. No costs. Consequently, connected Miscellaneous Petition is closed.
10.10.2025
Index : Yes / No NCC : Yes / No RM
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To
The Subordinate Court,
Paramakudi.
Copy to
Copy to
Ramanathapuram District.
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R. POORNIMA, J.
RM
C.R.P(MD)No.1259 of 2012 & C.M.A(MD)No.797 of 2012
10.10.2025
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1 issue framed by the court
Should the 15-day delay in filing the ex-parte order set aside petition be condoned despite lack of medical proof?
3 provisions across 2 enactments
M/s. Jaya Vairavan Mills Private Limited, Perunali, Represented by its Managing Director A.P. Kalimuthu
A.P. Kalimuthu
The Assistant Electrical Engineer (Distribution), Tamil Nadu Electricity Board, Perunali
The Executive Engineer (Dispensation), Tamil Nadu Electricity Board, Kamuthi
The Assistant Executive Engineer (M.R.D.), Tamil Nadu Electricity Board, Paramakudi
The Superintendent Engineer (R.E.D.P), Tamil Nadu Electricity Board, Ramanathapuram
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
