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Madras High CourtWMP/21713/2022allowed

Z.Shamshad v. The District Collector

2022-08-30Honourable Mr Justice N. Anand Venkatesh2 pages

W.M.P.Nos.21713 & 21714 of 2022 in W.P.No.12629 of 2010 N.ANAND VENKATESH,J., These miscellaneous petitions have been filed seeking to condone the delay of 975 days in filing the petition to restore the writ petition and consequently to restore the writ petition and to hear the same on merits. 2.Heard M/s.P.Veena Suresh, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Additional Government Pleader appearing on behalf of the respondents. 3.The main ground that was urged by the learned counsel for the petitioners is that as on the date when the order was passed on 13.12.2018, the petitioner was no more and he died on 30.04.2017. Hence, the order was passed in the writ petition as against the dead person. 4.This Court finds a lot of force in the submission made by the learned counsel for the petitioner and hence, this Court is inclined to condone the delay and restore the writ petition on file. 5.Accordingly, both these petitions are allowed. 1 / 2 https://www.mhc.tn.gov.in/judis

N.ANAND VENKATESH,J., ssr 6.The Registry is directed to post this writ petition for final hearing on 13.09.2022.

30.08.2022 ssr W.M.P.Nos.21713 & 21714 of 2022 in W.P.No.12629 of 2010 2 / 2 https://www.mhc.tn.gov.in/judis