The State Of Tamil Nadu v. S. Muninarayana

CMP NO. 4888 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2024

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR AND THE HONOURABLE MR JUSTICE A.A.NAKKIRAN CMP NO. 4888 of 2023 AND REV.APPL SR NO. 16678 OF 2023 The State of Tamil Nadu Rep.by its Secretary, Animal Husbandry, Dairying and Fisheries (AH6) Department, Fort St. George, Chennai 9.

Appellant(s) Vs S. Muninarayana S/o.Srinivasan, R.P.C.P.Check Post, Bagalur, Hosur Tk, Krishnagiri. Respondent(s) REV.APPL SR NO. 16678 of 2023 The State Of Tamilnadu Appellant(s) Vs S.Muninarayana Respondent(s) Prayer in C.M.P.No.4888 of 2023 : Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to condone the delay of 313 days in filing the Review Application in the order dated 29.09.2021 made in W.A.No.2513 of 2021.

Prayer in Rev.Appl.SR.No.16678 of 2023 : Review Application filed under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure against the order dated 29.09.2021 made in W.A.No.2513 of 2021 on the file of this Court. For Appellant(s):

Mr.P.Kumaresan, Additional Advocate General assisted by Mr.S.Yashwanth, Additional Government Pleader

ORDER

(Order of the Court was made by the Hon'ble S.S.Sundar J.) This petition is filed to condone the delay of 313 days in filing the above Review Application.

2.Though the delay is inordinate, the petitioners have given acceptable reasons for the delay. The learned Additional Advocate General appearing for the petitioners also contended that the impugned order passed by this Court is contrary to the earlier decision of this Court. Even though notice was issued to the sole respondent to his known address, it is now reported that the notice was returned unserved. Private Notice issued by the petitioner is returned with an endorsement "insufficient address". It is demonstrated before this Court that notice has been taken only to the address that was given by the respondent in the writ petition. In such circumstances, this Court is of the view that the respondent is evading service. The petitioners have given sufficient reasons

to the satisfaction of this Court, explaining the delay. Therefore, the delay is condoned and this petition is ordered.

(S.S.SUNDAR J.) (A.A.NAKKIRAN J.) 17-12-2024 MKN