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Madras High CourtCMP/23972/2019allowed on condition

The Commissioner v. S.Nandhini

2021-08-04Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Fourth day of August Two Thousand Twenty One PRESENT THE HON`BLE MRS JUSTICE PUSHPA SATHYANARAYANA AND THE HON`BLE MR JUSTICE KRISHNAN RAMASAMY CMP.NO.23972 OF 2019 IN WA.SR.NO.110543 OF 2019 THE COMMISSIONER [ PETITIONER ] NAMAKKAL MUNICIPALITY, NAMAKKAL AND DISTRICT.

Vs 1 S.NANDHINI (F/18) [ RESPONDENTS ] 2 MINOR.S.VASANTHA (F/ ) D/O.M.SELVARAJ, REP.BY,HER GUARDIAN AND NEXT FRIEND MRS.SAROJA, NO.5/110-2, NARIKURAVAR COLONY, KONDICHETTIPATTI, PERIYAPATTI, NAMAKKAL DISTRICT - 637 002 3 THE SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

4 THE DIRECTOR OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI 600 009.

5 THE DIRECTOR OF LOCAL FUND AUDIT, 6 THE ASSISTANT DIRECTOR OF LOCAL FUND AUDIT, (MUNICIPAL PENSION VERIFICATIION),

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 122 days in filing the WA.SR.NO.110543/2019. Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.RAJAMATHIVANAN, Advocate for the petitioner and of MR.R.PREM NARAYAN, Advocate for the 1st and 2nd Respondent and of MR.C.JAYAPRAKASA, GOVERNMENT ADVOCATE on behalf of the Respondents 3 to 6, the court made the following order:- This petition is filed by the appellant to condone the delay of 122 days in filing the writ appeal.

2. Heard the learned counsel for the petitioner/appellant and the learned counsel for the respondents.

3. Though the learned counsel for the appellant argued for the delay in filing the appeal, considering the plight of the respondents 1 and 2 /writ petitioners, the petition is allowed on condition that the petitioner/appellant shall pay a sum of Rs.2,000/- (Rupees two thousand only) to the respondents 1 and 2, within a period of two weeks from the date of receipt of a copy of this order, failing which, the order shall stand vacated automatically without further reference to this Court.

4. Registry is directed to number the appeal upon production of proof of payment of Rs.2,000/- if it is otherwise in order and list the matter for admission, -sd/- 04/08/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

2 THE DIRECTOR OF MUNICPAL ADMINSTRATION, CHEPAUK, CHENNAI 600 009.

3 THE DIRECTOR OF LOCAL FUND AUDIT,

4 THE ASSISTANT DIRECTOR OF LOCAL FUND AUDIT, (MUNICIPAL PENSION VERIFICATIION), 5 THE COMMISSIONER, NAMAKKAL MUNICIPALITY, NAMAKKAL & DISTRICT.

6 THE ASSISTANT REGISTRAR AE.SECTION, HIGH COURT, MADRAS 104.

Order in CMP.NO.23972/2019 IN WA.SR.NO.110543/2019 Date :04/08/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PM (16/08/2021)