Yashumathi H. Doshi v. Jayaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024

CORAM

THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Mr. JUSTICE P.DHANABAL C.M.P.No.16886 of 2024 IN W.A.SR.No.66349 of 2024

1. Yashumathi H.Doshi

2. Doshi Developers and Builders (P) Limited, Rep. By its Director Mehul H Doshi Doshi Towers, 9th Floor, No.156, Poonamallee High Road, Kilpauk, Chennai 600 010 .. Petitioners Vs.

1. Jayaraj

2. Dharma Thoppu Trust / Arakkattalai, Rep. By its Managing Trustee Mrs.S.Ranga @ Ranga Reddy, 265, M.T.H.Road, Villivakkam, Chennai 600 049

3. The District Collector, Chennai District, Chennai Collector Office, Singaravelar Maaligai, Chennai 600 001.

4. The District Revenue Officer, 1/4

Chennai District, Chennai Collector Office, Singaravelar Maaligai, Chennai - 600 001

5. The Revenue Divisional Officer, Chennai Central, Thirumangalam, Anna Nagar West, Chennai 600 030

6. The Tahsildar, Aminjikarai Taluk, Aminjikarai, Chennai 600 030

7. The Commissioner of Land Administration, Chepauk, Chennai 600 005.

8. The Managing Director, Chennai Metro Rail Project Limited, Nandanam, Chennai 600 035

9. The Administrator General and Official Trustee of High Court of Madras, Madras High Court Campus, Chennai 600 104 .. Respondents Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, praying to condone the delay of 56 days in filing the above appeal. For Petitioner : Mr.R.Parthasarathy

O R D E R

(Made by S.S.SUNDAR, J.) This petition is filed to condone the delay of 56 days in filing the above writ appeal.

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2.

Notice is served on respondents 3 to 9. Notice that was sent to 1st respondent was returned with an endorsement "addressee cannot be located"and the 2nd respondent has been returned with an endorsement "no such person". The learned counsel for the petitioner filed an affidavit of service before this Court indicating service of notice to respondents 3 to 9. It is stated by the counsel that notice to respondents 1 and 2 was sent to their known address. It is in the said circumstances, this Court is inclined to consider the petition on merits.

3. This Court is also convinced with the reasons stated in the affidavit filed in support of this petition. Since the cause for the delay has been properly and satisfactorily explained, this Court is inclined to condone the delay.

4. Accordingly, the delay is condoned and this petition is ordered.

5. Registry is directed to number the writ appeal, if the papers are otherwise in order and post the writ appeal 'for admission'. [S.S.S.R.,J.] [P.D.B., J.] 25.11.2024 rka 3/4

S.S.SUNDAR, J.

AND P.DHANABAL, J.

rka C.M.P.No.16886 of 2024 IN W.A.SR.No.66349 of 2024 25.11.2024 4/4