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Madras High CourtCMP(MD)/509/2020ordered

The Principal Secretary To Govt v. C.Ayyanan

2022-08-16Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice S.Srimathy2 pages

CMP(MD) No.509 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixteenth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mrs.Justice S.SRIMATHY CMP(MD) No.509 of 2020 in Rev.Aplc(MD)SR.No.1187 of 2020

1. THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

2. THE ADDITIONAL CHIEF SECRETARY AND COMMISSIONER OF REVENUE ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI-600 005.

3. THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI. ... PETITIONERS/APPELLANTS Vs C.AYYANAN ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 493 days in filing the above review as against the order, dated 16.07.2018 passed by this Honourable Court in WA(MD)No.949 of 2018.

PRAYER IN Rev.Aplc(MD)SR.No.1187 of 2020 :

Pleased to review the orders passed in WA(MD) No.949 of 2018 dated 16.07.2018.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.P.MAHARAJAN, SPECIAL GOVERNMENT PLEADER, Advocate for the petitioners and of MR.S.VISVALINGAM, Advocate on behalf of the Respondent, the court made the following order:- [Order of the Court made by S.S.SUNDAR, J.] This petition is filed to condone the delay of 493 days in filing the above review application as against the order of this Court, dated 16.07.2018 in W.A(MD)No.949 of 2018. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.509 of 2020

2. Heard Mr.S.P.Maharajan, learned Special Government Pleader for the petitioners and Mr.S.Visvalingam, learned counsel for the respondent.

3. A perusal of the affidavit filed in support of this petition, shows that the petitioners have given sufficient reasons for the delay. However, this Court is of the view that the delay could have been avoided by the petitioner by showing due diligence.

4. Having regard to the facts and circumstances of the case, this Court is inclined to allow this petition on terms. Accordingly, this petition is allowed on condition that the petitioners shall pay a sum of Rs.1,000/- (Rupees One Thousand Only) to the credit of the High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall automatically be dismissed without further reference to Court. 5.Registry is directed to number the review application, if the papers are otherwise in order, after showing proof for payment. sd/- 16/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

2. THE ADDITIONAL CHIEF SECRETARY AND COMMISSIONER OF REVENUE ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI-600 005.

3. THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI.

COPY TO :

THE OFFICER INCHARGE, HIGH COURT LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY) ORDER IN CMP(MD) No.509 of 2020 in Rev.Aplc(MD)SR.No.1187 of 2020 Date :16/08/2022 USK/VR/SAR-III/18.08.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2