Shanmugam v. Boominathan

C.M.P.No.10876 of 2019 C.M.P.No.10876 of 2019 in C.M.A.SR.No.37144 of 2017 R.MAHADEVAN, J.

On 30.01.2019 in CMP.No.110 of 2019 (representation petition), this Court passed the following order:

"3.Considering the contention of the learned counsel for the petitioner, the delay of 162 days is condoned on payment of a cost of Rs.500/- (Rupees Five Hundred only) to the Tamil Nadu State Legal Services Authority", High Court, Chennai, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without further reference to this Court."

2.However, the petitioner has not complied with the aforesaid condition within the time stipulated by this Court. Hence, CMP.No.110 of 2019 (representation petition) stood automatically dismissed. 3.Now, the present Miscellaneous Petition has been filed to condone the delay of 45 days in filing the petition to restore CMP.No.110 of 2019 on file.

4.On a perusal of the averments contained in the affidavit filed in the accompanying petition, this Court is of the view that the petitioner has not paid the costs as directed by this Court on 30.01.2019. Further, he 1/2 http://www.judis.nic.in

C.M.P.No.10876 of 2019 R.MAHADEVAN, J.

gbi has not assigned any reason much less plausible or convincing reason to condone the delay in filing the present petition to restore the representation petition.

5.Hence, this petition fails and is accordingly dismissed. Consequently, CMA.SR.No.37144 of 2017 stands rejected at SR stage. 13.09.2019 gbi C.M.P.No.10876 of 2019 in C.M.A.SR.No.37144 of 2017 2/2 http://www.judis.nic.in