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Madras High CourtWMP/20778/2023ordered

M.Ayyannan v. The Commissioner Rural

2025-10-10Honourable Mr.Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN WMP No. 20778 of 2023 IN WP NO. 13128 OF 2010 M.Ayyannan S/o.Manickam, Muthunaickanpatty Post, Omalur Taluk, Salem Dist.

Petitioner(s) Vs

1. The Commissioner Rural Development, Office Of C.R.D.A, Saidapet, Chennai 2.The District Collector/ Inspetor Of Panchayat, Salem District, Salem-1 3.The Assistant Director Of Panchayat, Salem District, Salem 4.The Block Development Officer (Panchayat), Omalur Panchayat Union, Omalur Taluk, Salem Dist.

Respondent(s) For Petitioner :

Mr.G.Munuraj For Respondents:

Mr.L.S.M.Hasan Faizal Additional Government Pleader

ORDER

This petition seeks to condone the delay of 1636 days in filing the petition to restore the writ petition in W.P.No.13128 of 2010, which had been dismissed for default on 17.12.2018.

2. Mr.G.Munuraj, learned counsel appearing for the petitioner states that the erstwhile counsel of the petitioner, Mr.V.Subbaraoyan, had passed away and hence, there was no representation on his behalf when the matter was called on 17.12.2018.

3. A perusal of the order proceedings dated 29.6.2018 indicates that the said fact had been brought to the notice of Mr.Justice M.K.Kalyanasundaram and the learned Judge had ordered notice to the petitioner. There is nothing on record to show that notice had been served and still, the petitioner had kept away from court. The death of a counsel is a sufficient cause for condonation of

delay. The delay is condoned. Office is directed to number the restoration petition and post for hearing. In the meanwhile, Mr.Manuraj shall ensure that the entire papers are served on Mr.Hasan Faizal, learned Additional Government Pleader appearing for the respondents.

10-10-2025 ssk.

Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Commissioner Rural Development, Office Of C.R.D.A, Saidapet, Chennai 2.The District Collector/ Inspetor Of Panchayat, Salem District, Salem-1 3.The Assistant Director Audit Of Panchayat, Salem District, Salem 4.The Block Development Officer (Panchayat), Omalur Panchayat Union, Omalur Taluk, Salem Dist.

V.LAKSHMINARAYANAN J.

ssk.

WMP No. 20778 of 2023 IN WP NO. 13128 OF 2010 10-10-2025