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Madras High CourtCMP/25849/2024dismissed for nonprosecution

K.Durasamy v. The District Revenue Officer

2024-12-11Honourable Mr Justice S. S. Sundar,Honourable Mr.Justice P. Dhanabal2 pages

CMP. 25849 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2024

CORAM

THE HONOURABLE MR JUSTICE S.S. SUNDAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL CMP. 25849 of 2024 IN WA.SR.No.88829 of 2024 K.DURASAMY S/O. KARUPPA GOUNDER, 1/9, PATCHAN KADU, MATTUVELAMPATTI VILLAGE, PALANTHINNIPATTI POST, RASIPURAM TK., NAMAKKAL DIST.

APPELLANT(S) Vs THE DISTRICT REVENUE OFFICER DIST.REVENUE OFFICE, COLLECTORATE, NAMAKKAL DIST. AND 3 OTHERS RESPONDENT(S) Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, praying to condone the delay of 280 days in filing the above writ appeal. Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 30.08.2023 passed by the learned Single Judge in W.P.No.12908 of 2018. For Appellant(s):

Ms.Marne Ramya for Mr.R.S.Sivaram For Respondent(s):

Mr.A.Selvendran, Special Government Pleader for RR1 to 3 https://www.mhc.tn.gov.in/judis

ORDER

(Order of the Court was made by the Hon'ble S.S.Sundar J.) Despite notice being ordered to the 4th respondent by order dated 18.11.2024, it is reported by the Registry that batta has not been paid by the petitioner and hence, the matter is directed to be listed today i.e., 11.12.2024 under the caption "for dismissal".

2. When the matter is listed today under the caption "for dismissal", the learned counsel for the petitioner states that they paid batta.

3. As per the endorsement of the Registry dated 09.12.2024, batta with petition and enclosures are due regarding 4th respondent. Not only batta, but also copies of petition is not furnished. Therefore, this Court finds that there is no reasonable cause for the petitioner not to pay batta or to furnish petition copies. Hence, this civil miscellaneous petition is dismissed for non-prosecution.

(S.S.SUNDAR J.) (P.DHANABAL J.) 11-12-2024 gya https://www.mhc.tn.gov.in/judis