The State Of Tamil Nadu v. R.Gunasekaran

C.M.P.No.18611 of 2021 in W.A.SR. No.100593 of 2021 PARESH UPADHYAY, J.

And SATHI KUMAR SUKUMARA KURUP, J.

(Order of the Court was made by PARESH UPADHYAY, J.) This is the petition to condone the delay of 392 days in filing the writ appeal.

2. Learned Additional Advocate General has addressed the Court at length including on the merits, to the extent necessary.

3. Learned advocate for the original writ petitioner has vehemently opposed this petition for condonation of delay. Serious grievance is made that not only once but twice the writ petitioner was forced to initiate coercive proceedings and the attempt on the part of the petitioners/ appellants is less to put contest on merits more to have some way out in the coercive proceedings, which is pending before the co-ordinate Bench. It is submitted that this petition be dismissed.

4. Having heard the learned advocates for the respective parties and having considered the material on record, this Court finds that though certain aspects need to be ascertained from the petitioners/

appellants - authorities, including keeping in view the tenor of the order of learned single Judge sought to be appealed against, more particularly para 3 thereof, let this petition for condonation of delay be allowed and the appeal be examined on merits.

5. Learned Additional Advocate General has prayed that the appeal be notified post - christmas vacation.

6. Registry is directed to number the appeal and list the same 'for Admission' on 05.01.2022.

(P.U.J.) (S.S.K.J.) 22.12.2021 mmi/9 Note: Registry is directed to print the name of Mr.G.Ethirajulu as advocate for the respondent while listing the appeal 'for Admission', as prayed for by him.

PARESH UPADHYAY, J.

And SATHI KUMAR SUKUMARA KURUP, J.

mmi C.M.P.No.18611 of 2021 in W.A.SR. No.100593 of 2021 22.12.2021