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Madras High CourtCMP/3178/2021allowed with costs

Sujith Mathew v. The State Of Tamil Nadu

2021-03-26Honourable Mr Justice T.Raja,Honourable Mr Justice G. Chandrasekharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Twenty Sixth day of March Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE T.RAJA AND THE HON`BLE MR JUSTICE G.CHANDRASEKHARAN CMP.No.3178 of 2021 and STA.SR.No.42551 of 2019 SUJITH MATHEW [ PETITIONER ] Vs 1 THE STATE OF TAMIL NADU [ RESPONDENTS ] REP THE COLLECTOR OF NILGIRIS, COLLECTORATE, OOTACAMUND, THE NILGIRIS.

2 SETTLEMENT OFFICER (GUDALUR JANMAM LANDS) COLLECTORATE, OOTACAMUND THE NILGIRIS 3 THE DISTRICT FOREST OFFICER GUDALUR DIVISION, GUDALUR, THE NILGIRIS.

4 THE TASHILDAR, TALUK OFFICE, GUDALUR, THE NILGIRIS.

5 JOINT RECEIVER T.N.GODAVARMAN THIRUMULPAD, NILAMBUR KOVILAKAM NILAMBUR, MALAPURAM DISTRICT, KERALA.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 348 days in representation of STA SR No.42551 of 2019 (in CMP.No.3178 of 2021).

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.JOHN ZACHARIAH for M/S.FOX MANDAL ASSOCIATES, Advocate for the petitioner and of MR.A.ANSAR,

Government Advocate for 1rst, 2nd and 4th respondents and of MR.S.PRABHU, Additional Government Pleader for the 3rd respondent, the court made the following order:- (Order of the Court was delivered by T.RAJA,J.) The present CMP. has been filed seeking to condone the delay of 348 days in re-presentation of the above appeal.

2. Heard Mr.John Zachariah learned Counsel for the petitioner, Mr.A.Ansar, learned Government Advocate for respondents 1, 2 and 4 and Mr.S.Prabhu, learned Additional Government Pleader for the third respondent.

3. Following the earlier detailed orders passed by this Court in CMP.No.13306/2020 in STA.SR.No.60458/2019, CMP.No.13345/2020 in STA.SR.No.2009/2019 and CMP.No.13691/2020 in STA.SR.No.118253/2018 dated 03.02.2021 condoning the delay in re-presentation of 311, 431 and 489 days respectively, the delay of 348 days in re-presentation of the above appeal is condoned on payment of costs of Rs.2,000/- (Rupees Two Thousand Only) by the petitioner to the credit of the Tamil Nadu Advocate Clerks' Association, High Court, Madras 600 104 within a period of two weeks.

4. The CMP. is allowed accordingly. Post the matter after two weeks, ''for reporting compliance''.

-sd/- 26/03/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE STATE OF TAMIL NADU REP THE COLLECTOR OF NILGIRIS, COLLECTORATE, OOTACAMUND, THE NILGIRIS.

2 SETTLEMENT OFFICER (GUDALUR JANMAM LANDS) COLLECTORATE, OOTACAMUND THE NILGIRIS 3 THE DISTRICT FOREST OFFICER GUDALUR DIVISION, GUDALUR, THE NILGIRIS.

4 THE TASHILDAR, TALUK OFFICE, GUDALUR, THE NILGIRIS.

5 JOINT RECEIVER T.N.GODAVARMAN THIRUMULPAD, NILAMBUR KOVILAKAM NILAMBUR, MALAPURAM DISTRICT, KERALA.

6 THE TAMIL NADU ADVOCATE CLERKS' ASSOCIATION, HIGH COURT, MADRAS 600 104 Order in CMP.No.3178 of 2021 and STA.SR.No.42551 of 2019 Date :26/03/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format UM(30/03/2021)