Madras High CourtCMP(MD)/2975/2019allowed

P.N.Asma, v. Darussalam Higher Secondary

2019-04-09Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice N.KIRUBAKARAN and The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.2975 of 2019 IN WA(MD) No.SR11286 of 2019 P.N.ASMA ... PETITIONER/ APPELLANT Vs 1 DARUSSALAM HIGHER SECONDARY SCHOOL, KADAYANALLUR, TIRUNELVELI DISTRICT REP BY ITS MANAGER.

2 THE STATE OF TAMIL NADU, REP BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

3 THE DIRECTOR OF SCHOOL EDUCATION(HIGHER SECONDARY), COLLEGE ROAD, CHENNAI - 600 006.

4 THE DISTRICT EDUCATIONAL OFFICER, TENKASI, TIRUNELVELI DISTRICT.

... RESPONDENTS/ RESPONDENTS 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 2519 days in filing the writ appeal against the order passed in WP(MD) No.3548 of 2007 dated 20.03.2012. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.V.RAJKUMAR, Advocate for the petitioner and of Mr.R.BALAKRISHNAN, Advocate for R1 and Mrs.SRIMATHY, Special Government Pleader for R2 to R4, the court made the following order:- [Order of the Court was made by N.KIRUBAKARAN, J.] This petition has been filed to condone the delay of 2519 days in filing the writ appeal against the order passed in W.P.(MD) No.3548 of 2007 dated 20.03.2012.

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2.The learned counsel for the petitioner would submit that the petitioner is a third party and she did not know about the judgment made in W.P.(MD) No.3548 of 2007 and only recently, she came to know about the above judgment of this Court and since, she has not been a party to the writ petition, now she has filed this writ appeal with a delay of 2519 days.

3.The learned counsel appearing for the respondents have no serious objection to allow the petition on terms. 4.Since, there is an inordinate delay and there are no objections from the other side, this petition is allowed on condition that the petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) to the District Educational Officer, Madurai District, within a period of 10 days from the date of receipt of a copy of this order and the District Educational Officer, Madurai District shall utilise the same for the benefit of a school, falls within his jurisdiction.

5.This petition is ordered with the above terms. sd/- 09/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU, EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

2 THE DIRECTOR OF SCHOOL EDUCATION(HIGHER SECONDARY), COLLEGE ROAD, CHENNAI - 600 006.

3 THE DISTRICT EDUCATIONAL OFFICER, TENKASI, TIRUNELVELI DISTRICT.

COPY TO:

THE DISTRICT EDUCATIONAL OFFICER, MADURAI DISTRICT.

ORDER IN CMP(MD) No.2975 of 2019 IN WA(MD) No.SR11286 of 2019 Date :09/04/2019 MS/PN/SAR-1/22.04.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/