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Madras High CourtCMP/17543/2021ordered

The Government Of Tamilnadu v. S.Chandrasekaran

2023-11-30Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice G.Arul Murugan1 pages

C.M.P.No.17543 of 2021 in W.A.No.1734 of 2015 R.SURESH KUMAR, J.

AND G.ARUL MURUGAN, J.

This petition has been filed to restore the writ appeal which was dismissed for default on 01.12.2016.

2. We have heard the learned Additional Government Pleader appearing for the petitioner and the learned counsel for the respondents, including the impleaded respondents 4 to 7.

3. Learned counsel for the respondents raised an objection stating that, the writ petition is of the year 2012 and writ appeal is of the year 2015 and if they seek for restoration of the writ appeal, that will further extend the time thereby the issue cannot be given a quietus.

4. Having considered the said submission made by the learned counsel for the respondents and perused the reasons stated in the affidavit filed in support of the petition, we are of the view that unless and until the main writ appeal is taken up for hearing, the issue raised in the writ petition cannot be completely adjudicated. Hence, this petition is ordered as prayed for. Registry is directed to post the main writ appeal for hearing next week.

(R.S.K.,J.) (G.A.M.,J.) 30.11.2023 https://www.mhc.tn.gov.in/judis KST