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Madras High CourtCMP/12409/2023ordered

T.Arunkumar v. The Assistant Elementary Education Officer

2023-11-24Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq2 pages

C.M.P.No.12409 of 2023 IN W.A.SR.No.44594 of 2023 R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

(Order of the court was made by R.Mahadevan, J.) This miscellaneous petition has been filed by the petitioner seeking to condone the delay of 1943 days in filing the above writ appeal.

2. Heard the learned counsel for the petitioner and perused the affidavit filed in support of this petition, wherein, it has been stated that though the petitioner made several attempts to contact his erstwhile counsel, he was unable to reach him. Further, his counsel did not inform him about the dismissal of his writ petition. So, he was not in a position to proceed further. Very recently, he got introduced to the present counsel, through whom, he filed this appeal. Thus, there was a delay of 1943 days occasioned in filing the appeal, which is neither wilful nor wanton and hence, the delay may be condoned.

3. Having regard to the reasons stated by the petitioner, which appears to be bona fide, considering the huge delay in filing the writ appeal, we are inclined to condone the delay subject to payment of costs of Rs.2,000/- by the petitioner to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, within a week's time from the date of receipt of copy of this order. https://www.mhc.tn.gov.in/judis

R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

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4. Upon production of receipt for payment of costs, this miscellaneous petition stands ordered.

[R.M.D., J.] [M.S.Q., J.] 24.11.2023 gya C.M.P.No.12409 of 2023 IN W.A.SR.No.44594 of 2023 https://www.mhc.tn.gov.in/judis