Madras High CourtCRP/5662/2025allowed

Jayanthi v. Kolanjiammal

2026-03-18Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Jayanthi D/o. Rajamanikam, Podaiyur Village, New Colony, Thittagudi Taluk, Cuddalore District. ..Petitioner(s) Vs

1. Kolanjiammal W/o. Periyasamy, Residing at Podaiyur Village, New Colony, Thittagudi Taluk, Cuddalore District.

2. Periya Samy S/o. Sellamuthu, Residing at Podaiyur Village, New Colony, Thittagudi Taluk, Cuddalore District.

3. The Village Administrative Officer, Podaiyur Village Office, Thittagudi Taluk, Cuddalore District.

4. The Revenue Divisional Officer Thittagudi Taluk, Cuddalore District.

5. The Special Tahsildhar Adi-Dravidar Welfare, Thittagudi Taluk, Cuddalore District.

6. The Sub Collector Virudhachalam Office, Cuddalore District.

..Respondent(s)

7. The District Collector Cuddalore Office, Cuddalore District.

To set aside the order dated 13.08.2025 passed in IA No. 247 of 2024 in OS No. 35 of 2022, on the file of the Honble Principal District Munsiff Court, Thittagudi.

For Petitioner(s):

Ms.R.Swetha For Respondent(s):

Mr.C.Sathish Government Advocate For R3 To R9 Mr.A.Raja Perumal For R1 & R2

ORDER

This Civil Revision petition has been filed to set aside the order dated 13.08.2025 passed in IA No. 247 of 2024 in OS No. 35 of 2022, on the file of the Hon'ble Principal District Munsiff Court, Thittagudi. 2.The learned counsel for the petitioner would submit that the petitioner filed IA No.247 of 2024 in O.S. No.35 of 2022 on the file of the Honble Principal District Munsiff Court, Thittagudi seeking for to condone the delay of 257 days in filing the restore application and the same was allowed on condition of payment of Rs.1,000/- payable to the respondents 1 and 2 on or before 02.09.2025. vide order dated 13.08.2025. As per the order of the Trial Court,

the petitioner has paid the cost of Rs.1000/- on 01.09.2025 to the respondents 1 and 2 and complied with the said order. However, the petitioner has not filed a memo for compliance of the Trial Court order. Hence, the condone delay application filed by the petitioner has automatically been dismissed as he failed to comply with the order dated 13.08.2025 on or before 02.09.2026.

3. The learned counsel for the respondents would submit that even though the respondents 1 and 2 have received the cost of Rs.1000/- and they have endorsed the same accordingly, the petitioner has not filed a memo for complying the order dated 13.08.2025 before the Trial Court. Hence, the condone delay application has been automatically dismissed.

4. Heard both sides and perused the materials available on record.

5. On perusal of the records, it is seen that the petitioner has paid the cost of Rs.1000/- on 01.09.2025 and an endorsement has been made accordingly. However, the petitioner failed to file a memo before the Trial Court for recording the same. Due to the procedural lapse, the right of the petitioner cannot be deprived. Hence, the condone delay application in I.A.No.247 of 2024 is ordered to be allowed.

6.In the result, this Civil Revision Petition is allowed as prayed for. No costs.

18-03-2026 Index: Yes/No Speaking/Non-speaking order Lbm