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Madras High CourtCMP/11072/2016dismissed

State Of Tamilnadu Rep. By v. S.Yuvaraj,

2018-06-28Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2018

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE N.ANAND VENKATESH C.M.P.No.11072 of 2016 in Rev. Appl.SR.No.46951 of 2016 1.State of Tamil Nadu rep. by its Secretary to Government, Rural Development and Panchayat Department, Secretariat, Chennai - 9.

2.The Director of Rural Development and Panchayat, Panagal Building, Chennai - 15.

3.The District Collector, Salem District, Salem.

..

Petitioner Vs.

1.S.Yuvaraj 2.E.Venkatachalam 3.C.Swaminathan ..

Respondents Petition filed to condone the delay of 1202 days in filing this Review Application against the order dated 13.02.2013 in W.A.No.2132 of 2011.

For Petitioners : Mr.N.Sakthivel, Addl. Govt. Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) This miscellaneous petition has been filed to condone the delay of 1202 days in filing the review application to review the order dated 13.02.2013 in W.A.No.2132 of 2011, by which the first respondent/writ petitioner was directed to be placed below E.Venkatachalam and above C.Swaminathan, who were also impleaded in the writ appeal.

2.Learned Additional Government Pleader appearing for the petitioners would submit that the delay is administrative in nature. 3.We have perused the affidavit filed in support of the petition seeking to condone the delay of 1202 days in filing the review application. Absolutely, no reasons have been assigned for condonation of delay and the delay is huge and unexplained. Further more, if at all anybody is aggrieved, it can only be Mr.C.Swaminathan, who did not choose to appear before this Court at the relevant point of

time. Even otherwise, the said person never filed any review application nor challenged the order passed in any other way. The order was passed by placing reliance on the order of the District Collector, Salem dated 04.09.2001, by which the promotion panel was drawn and upon which, a finding was given that it had become final. Even, on a perusal of the grounds of review, nothing has been stated on this. Thus, looking from any perspective, we do not find any reason to entertain the review application. Accordingly, the miscellaneous petition is dismissed. Consequently, the review application is dismissed at the SR stage itself. No costs.

(M.M.S.J.) (N.A.V.J.) 28.06.2018 Index:Yes/No mmi M.M.SUNDRESH,J.

and

N.ANAND VENKATESH,J.

mmi C.M.P.No.11072 of 2016 in Rev. Appl.SR.No.46951 of 28.06.2018