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Madras High CourtWP/5979/2009dismissed

The General Managerq v. Principal District Judge

2019-02-21Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.5979 of 2009 and M.P. No.1 of 2009 The General Manager, Erode District Co-op Milk Producers Union Ltd. (ED:296), Vasavi College (Post), Erode-638 316.

.. Petitioner -vs1.Principal District Judge of Erode District, Erode.

2.A.S.Rajendran .. Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified mandamus calling for the records pertaining to order of first respondent in C.M.A. No.92 of 2000 dated 27.03.2003 and quash the same and consequently directing the second respondent to pay the amount.

For Petitioner ::

Mr.P.Narayanamoorthy For Respondents::

Mr.M.Guruprasad for R2 R1 - Court

ORDER

The writ petition has been directed against the impugned order passed by the Principal District Judge, Erode on 27.03.2003 setting aside the surcharge proceedings initiated against the second respondent.

2.The General Manager, Erode District Co-operative Milk Producers Union, the petitioner herein, without filing a writ petition immediately before the expiry of the period of limitation, has taken steps to file the writ petition after a period of six years from the date of the impugned order, passed by the first respondent. Therefore, this Court finds no https://hcservices.ecourts.gov.in/hcservices/

justification or sufficient cause to condone such a long delay. Accordingly, the writ petition is dismissed on the ground of huge and unexplained delay of six years. Consequently, connected M.P. is closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vga To Principal District Judge of Erode District, Erode.

+1cc to Mr.P.Narayanamoorthy, Advocate, S.R.No.16598 +1cc to Mr.M.Guruprasad, Advocate, S.R.No.16148 W.P. No.5979 of 2009 and M.P. No.1 of 2009 CP(CO) RRS(03/04/2019) https://hcservices.ecourts.gov.in/hcservices/