M.Palanisamy, v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.VENUGOPAL and The Hon`ble Mr.Justice ABDUL QUDDHOSE CMP(MD) No.12359 of 2016 IN WA(MD) No.SR34706 of 2016 M.PALANISAMY, ... PETITIONER/APPELLANT Vs 1 THE STATE OF TAMILNADU, THE DIRECTOR OF LEGAL STUDIES, DIRECTORATE OF LEGAL STUDIES, PURSOSAIVAKKAM HIGH ROAD, CHENNAI.
2 THE PRINCIPAL, GOVERNMENT LAW COLLEGE TRICHY ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone to delay of 372 days in filing the above Appeal in W.A.No.34706 of 2016 and thus render justice. PRAYER IN WA(MD) No.SR34706 of 2016:
to allow the Writ Appeal and set aside the order in WP(MD) No.4741 of 2015 dated 10.07.2015 on the file of the Hon'ble Court Prayer in WP(MD). 4741/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandmus, calling for the records connected with the order in Se.Mu.Aa No. 714/A3/2014 dated 06.03.2015 on the file of the Second Respondent and quash the same as illegal , consequently directing the respondents to re admit the petitioner in III Year B.A B.L. Degree Course in 2014-2015 academic year in the second respondent college and allow the petitioner to continue his studies within the time stipulated by this HOnourable Court.
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.S.RAJASEKAR, Advocate for the petitioner and of MR.VR.SHANMUGANATHAN, Special Government Pleader for the Respondents the court made the following order:- [Order of the Court was made by M.VENUGOPAL,J] Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the respondents.
2. Heard both sides.
3. No counter is filed on behalf of the Respondents.
4. The petitioner/Appellant has preferred the present Writ Appeal in WA(MD)SR.No.34706 of 2016, being aggrieved against the order dated 10.07.2015 in WP(MD)No.4741 of 2015.
5. The Petitioner/Appellant is said to be hailing from a poor family and his father is a Farmer and as such, he did not get proper legal aid to prefer a Writ Appeal. In this process, there has occasioned a delay of 372 days in preferring the instant Writ Appeal in WA(MD)SR.No.34706 of 2016, which is neither wilful nor wanton, but, due to the afore-said reason.
6. Considering the fact that the Petitioner/Appeallant claims to be a person coming from a poor family and his father being a Farmer and also he did not get proper legal aid to prefer the Writ Appeal, at this Stage, this Court, by taking a lenient and liberal view, without adopting a pedantic, technical or hyper-technical approach, to sub-serve the ends of justice, allows the Petition and condones the delay of 372 days, subject to the condition that the Petitioner/Appellant shall remit a sum of Rs.350/-(Rupees Three Hundred and Fifty only) to the Tamil Nadu Mediation and Conciliation Centre, attached to the Madurai Bench of Madras High Court, Madurai, on or before 30.11.2017, failing which, the Petition shall stand dismissed automatically without any further reference to this Court. sd/- 15/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DIRECTOR OF LEGAL STUDIES, THE STATE OF TAMILNADU, DIRECTORATE OF LEGAL STUDIES, PURSOSAIVAKKAM HIGH ROAD, CHENNAI.
2 THE PRINCIPAL, GOVERNMENT LAW COLLEGE TRICHY 3 THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CMP(MD) No.12359 of 2016 IN WA(MD) No.SR34706 of 2016 Date :15/11/2017 SMA/CM/SAR-2/20.11.2017:3P/4c