M.Palanisamy v. The Director Of Town Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Ninth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY and The Hon`ble Dr.Justice ANITA SUMANTH CMP(MD) No.10137 of 2017 IN WA(MD) No.SR44258 of 2017 M.PALANISAMY ... PETITIONER/APPELLANT Vs 1 THE DIRECTOR OF TOWN PANCHAYAT KURALAGAM, CHENNAI-108, 2 THE DISTRICT COLLECTOR KARUR DISTRICT, KARUR.

3 THE EXECUTIVE OFFICER PUNJAIPUGALUR TOWN PANCHAYAT, KARUR DISTRICTT. 4 M.MEENA ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 941 days in filing the Writ Appeal against the orders passed in WP(MD).No.4507 of 2014 dated 12/03/2015. PRAYER IN WA(MD) No.SR44258 of 2017:

to set aside the orders passed by this Hon'ble Court in WP(MD) No.4507 of 2014 dated 12.03.2015 Prayer in WP(MD). 4507/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI or any other appropriate Writ, Order or Direction to call for the records relating to the impugned order issued by 3rd respondent in Na.Ka.No.125/2013 dated 25.02.2014 and to quash the same. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.G.SANKARAN, Advocate for the petitioner and of MR.A.K.BASKARA PANDIAN, Special Government Pleader for R1 to R3 and MR.K.BALASUBRAMANI, Advocate for R4, on behalf of the Respondents the court made the following order:-

(Order of the Court was made by M.DURAISWAMY,J) There is a delay of 941 days in filing the Writ Appeal. 2.In paragraph No.10 of the affidavit filed in support of the petition, the petitioner has satisfactorily explained the reasons for condoning the delay.

3.The fourth respondent filed her counter-affidavit disputing the averments stated in the affidavit filed in support of the petition.

4.Though we are convinced with the reasons stated in the affidavit filed in support of the petition, since the delay is on the higher side, the same can be condoned on payment of costs. 5.Accordingly, the delay is condoned on condition the petitioner/appellant paying a sum of Rs.2,000/- (Rupees Two Thousand only) to the fourth respondent within a period of one week from the date of receipt of a copy of this order, failing which this petition shall stand automatically dismissed without further reference to this Court. It is made clear that the petitioner is at liberty to pay the said amount of Rs.2,000/- to the learned counsel appearing for the fourth respondent in this petition before this Court within the stipulated time.

6.Accordingly, this petition is ordered.

sd/- 09/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DIRECTOR OF TOWN PANCHAYAT KURALAGAM, CHENNAI-108, 2 THE DISTRICT COLLECTOR KARUR DISTRICT, KARUR.

3 THE EXECUTIVE OFFICER PUNJAIPUGALUR TOWN PANCHAYAT, KARUR DISTRICT.

ORDER

IN CMP(MD) No.10137 of 2017 IN WA(MD) No.SR44258 of 2017 Date :09/07/2018 SMA/JC/ASVM/16.07.2018:3P/4C