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Madras High CourtWMP/30507/2019ordered

The Management Of v. The Government Of Tamil Nadu

2019-10-31Honourable Mr Justice S.M. Subramaniam2 pages

W.M.P.No.30507 of 2019 in W.P.No.12480 of 2004 W.M.P.No.30507 of 2019 in W.P.No.12480 of 2004 S.M.SUBRAMANIAM, J.

This miscellaneous petition is filed to condone the delay of 2949 days in filing the present petition to set aside the order dated 26.08.2011 and restore the W.P.No.12480 of 2004 in respect of the 5th and 6th respondents.

2. The learned counsel appearing on behalf of the writ petitioner states that on account of the mistake, they did not noticed that the order dated 26.08.2011 was passed by this Court. It is further stated that the office of the learned counsel inadvertently committed an error by not noticing the order and all along, they are under the impression that the writ petition is pending for final hearing. Only, when the matter was listed for hearing, the learned counsel for the writ petitioner came to understand that the Batta due to the respondents 5 and 6 were not paid by their office. Thus, the mistake committed was bonafide and there was no intention on the part of the learned counsel to commit such an error.

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W.M.P.No.30507 of 2019 in W.P.No.12480 of 2004 S.M.SUBRAMANIAM, J.

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3. Under these circumstances, considering the reasons stated in the affidavit filed in support of the petition, this Court is inclined to consider the same. Accordingly, the condone delay petition in W.M.P.No.30507 of 2019 in W.P.No.12480 of 2004 stands allowed on condition to pay a sum of Rs.5,000/-(Rupees Five Thousand only) to the High Court Legal Services Authority on or before 08.11.2019, failing which, this miscellaneous petition would stand dismissed automatically.

31.10.2019 kak W.M.P.No.30507 of 2019 in W.P.No.12480 of 2004 2/2 http://www.judis.nic.in