Allowed¶30

R.Amsam, v. The Sub Registrar

Madras HC18 Dec 2025WMP/19942/2018

Case brief

AI extract

What is this about?

Condonation of delay; restoration of writ petition dismissed for default; death of sole petitioner on the date of default dismissal; 211 days delay; legal heirs as petitioners; Madras High Court; WMP No. 19942 of 2018; W.P. No. 24416 of 2014; respondents include Sub Registrar (Cooperatives) Cuddalore District Central Cooperative Bank and Deputy Registrar Cooperative Societies, Cuddalore; restoration petition to be heard on 08.01.2026.

What did the court decide?

Delay of 211 days in filing the restoration petition condoned; Registry directed to number the restoration petition and list it for hearing on 08.01.2026; counsel instructed to serve the full set of papers on the respondents' counsel before the next hearing date. ¶30

R.Amsam, Vs The Sub Registrar — Madras HC (2025) — LawSathi Research

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WMP No. 19942 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18-12-2025

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CORAM

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THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

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WMP No. 19942 of 2018

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V.Rajasekaran (died)

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R.Amsam, W/o.V.Rajasekaran, 2. K.Buvana, D/o.V.Rajasekaran 3. S.Sivasankari, D/o. V.Rajasekaran 4. R.Ellakkiya, D/o.V.Rajasekaran, (P1 to P4 are LRs of deceased sole petitioner V.Rajasekaran)

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Petitioner(s) Vs

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The Sub Registrar (Cooperatives) Cuddalore District Central Cooperative Bank, Cuddalore. 2.The Deputy Registrar Cooperative Societies, Cuddalore.

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3.V.Senthamiah Selvan 4.V.Lakshmikanthan

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Respondent(s)

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PRAYER

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To condone the delay of 211 days in filing the Petition to Restore the order of default dated 22.08.2017 dismissing the Writ Petition No.24416 of 2014.

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For Petitioner(s): M/s.T.Dhanasekaran & R.Agilesh

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1/4

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

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WMP No. 19942 of 2018

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For Respondent(s): Mr.L.S.M.Hasan Fizal, AGP -R1 & R2

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O R D E R

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This petition filed to condone the delay of 211 days in filing a petition to

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restore the writ petition, which had been dismissed for default on 22.08.2017.

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The reason given in the affidavit is that, the original petitioner,

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Mr.V.Rajasekaran passed away on 22.08.2017. Subsequently, when the matter was listed, there was no representation on behalf of the deceased sole petitioner.

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Consequently, the writ petition had been dismissed for default on that date.

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The petitioners’ plead is that on account of the death of the sole bread winner of the family, they were put to deep prejudice and distress. Consequently, they were not in a position to contact their lawyer.

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Subsequently, they came to know that the petition has been dismissed for default. Thereafter, they filed the present petition to restore the delay of 211 days.

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I heard Mr.Agilesh for the petitioner and Mr.L.S.M.Hasan Fizal representing the respondents.

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6.The reasons given in the affidavit are convincing. The death of the leader of the family would have put the petitioners into distress. The delay is also not excessive, but only 211 days.

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7.Being satisfied with the reasons, this application is allowed. The delay

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2/4

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

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WMP No. 19942 of 2018

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is condoned.

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8.The Registry is directed to number the restoration petition and list for