J.Ganessin v. The Commissioner

CMP.No. 3290 of 2018 in WA.No.54 of 2017 M.DURAISWAMY, J.

and J.SATHYA NARAYANA PRASAD, J.

The appellant has filed the above petition to set aside the order passed in W.A.No.54 of 2017 dated 15.11.2017 and restore the appeal to file.

2. It is the case of the petitioner/appellant that the writ appeal filed by him was dismissed for non-prosecution on 15.011.2017, for the reason that he could not reach this court on time and that he was also affected with Hyper Thyroid.

3. Further, he has also stated that he arrived from Puducherry to Chennai by bus, because of heavy traffic, by the time he could reach the court, the writ appeal was called and dismissed for non-prosecution. In these circumstances, the appellant has filed the above petition to restore the writ appeal, which was dismissed for non-prosecution on 15.11.2017.

4. Mr. J. Kumaran, learned Additional Government Pleader, has no objection for ordering the petition.

5. We are satisfied with the reasons stated in the petition. Hence, the order dated 15.11.2017 made in W.A.No.54 of 2017 is set aside and writ appeal in W.A.No.54 of 2017, is restored to file. https://www.mhc.tn.gov.in/judis

M.DURAISWAMY, J.

and J.SATHYA NARAYANA PRASAD, J.

6. Post the writ appeal on 14.02.2022.

[M.D.,J.] [J.S.N.P.,J.] 27.01.2022 mrn CMP.No. 3290 of 2018 in WA.No.54 of 2017 https://www.mhc.tn.gov.in/judis