The Sub Registrar-Joint-Iii v. A.Nilofer Banu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and C.M.P.No.1945 of 2024 The Sub-Registrar-Joint-III, Office of the Sub Registrar, Salem (West), Salem District ...Appellant Vs.

A.Nilofer Banu

...Respondent

Prayer : Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 07.12.2023 passed in W.P.No.31084 of 2023. For Appellant :

Mr.L.S.M.Hasan Faizal Additional Government Pleader For Respondent :

Mr.G.Govardhanan

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) This appeal has been filed challenging the order of the learned Single Judge for imposing costs of Rs.25,000/- on the appellant for not having filed their counter in time.

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2. We find that the writ petition was filed on 25.10.2023 and the order imposing costs was passed on 17.11.2023. A period of eight (8) weeks time is available to the respondent to file their counter under the Madras High Court Writ Rules, 2021. Admittedly, eight(8) weeks time has not lapsed. Therefore, penalising the respondent with costs appears to be little harsh. Hence, we are unable to sustain the order passed by the learned Single Judge.

3. Accordingly, the Writ Appeal stands allowed and the order dated 07.12.2023 passed in W.P.No.31084 of 2023 stands set aside. No costs. Consequently connected miscellaneous petition is closed. (R.S.M., J.) (R.S.V., J.) 03.07.2024 msv Internet :Yes / No Index : Yes / No : Yes / No Speaking order / Non-speaking order Page No:2/3

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

msv and C.M.P.No.1945 of 2024 03.07.2024 Page No:3/3