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M.H.Rahimuddin v. Jamal Mohammed

Madras HC29 Apr 2025WMP(MD)/8220/2025

Case brief

AI extract

What is this about?

Condonation of delay; review application by third parties (non-parties to writ petition); WMP(MD) No. 8220 of 2025 in Rev.Aplw(MD) SR No. 30067 of 2025; Madurai Bench of Madras High Court; S. Srimathy J.; order dated 29-04-2025; payment of Rs.1,500/- to High Court Legal Services Committee by 06.06.2025; review application to be numbered if in order and posted on 09.06.2025.

What did the court decide?

Delay in filing the review application excused on condition that the petitioners pay Rs.1,500/- to the High Court Legal Services Committee (Madurai Bench) on or before 06.06.2025; on such payment, Registry to number the review application if otherwise in order and post it on 09.06.2025. ¶23

M.H.Rahimuddin Vs Jamal Mohammed — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay in instituting the review application by persons who were not parties to the writ petition should be excused, so that the review can be registered and the third-party applicants heard.

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Court's answer

The review applicants are third parties to the writ petition; third parties ought to be heard and cannot be expected to explain each and every day's delay.

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Ratio / Principle

The Court is convinced with the reasons stated in the affidavit for the delay; as the delay is huge, acceptance of the review application is made subject to payment of Rs.1,500/- to the High Court Legal Services Committee attached to the Madurai Bench, on or before 06.06.2025.

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Key takeaways

On such payment, the Registry shall number the review application, if it is otherwise in order, and post it on 09.06.2025.ratio¶23

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), S. Srimathy J., 29-04-2025 — WMP(MD) No. 8220 of 2025 in Rev.Aplw(MD) SR No. 30067 of 2025 — Condonation of delay in filing a review application — The review applicants were not parties to the writ petition whose order they sought to review, but had knowledge of the order having participated in subsequent proceedings — Held: the review applicants are third parties; third parties ought to be heard and cannot be expected to explain each and every day's delay — The Court, convinced with the reasons stated in the affidavit and noting the delay is huge, directed payment of Rs.1,500/- to the High Court Legal Services Committee attached to the Bench on or before 06.06.2025 — On such payment, Registry directed to number the review application, if otherwise in order, and post it on 09.06.2025.

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WMP(MD) NO. 8220 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-04-2025

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CORAM

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THE HONOURABLE MRS JUSTICE S.SRIMATHY WMP(MD) NO. 8220 of 2025

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REV.APLW(MD) SR NO. 30067 OF 2025

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M.H.Rahimuddin S/o.N.K.Mohammed Hasim, 81, Chinna Chetty Street, Trichy 8.

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Petitioner(s)

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Jamal Mohammed S/o Gulam Mohammed, No.56, Warners Road, Cantonment, Trichy - 1.

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Respondent(s)

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For Petitioner(s): M/s.J.Maria Roseline

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For Respondent(s): M/s. J. Anandhavalli For R1

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ORDER

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The learned Counsel appearing for the 1^st respondent vehemently opposed stating that even though the review applicants are not parties in the writ petition, they are

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aware of the order passed by this Court, since they participated in the subsequent proceedings.

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2.This Court is of the considered opinion that the review applicants are 3^rd parties. The 3^rd parties cannot be expected to explain each and everyday delay. The 3^rd parties ought to be heard. In such circumstances, this Court is convinced with the

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1/3

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

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WMP(MD) NO. 8220 of 2025

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reasons stated in the affidavit. Since the delay is huge, the petitioners are directed to pay Rs.1,500/- to the to the High Court Legal Services Committee attached to this

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Bench on or before 06.06.2025. On such payment, Registry is directed to number the

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review application, if it is otherwise in order and post on 09.06.2025.

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sd/29/04/2025

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/ TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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tmg TO

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THE OFFICER INCHARGE, HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.