The State Of Tamilnadu v. Jeyalakshmi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Second day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY CMP(MD) No.12369 of 2016 IN SA(MD) No.SR31008 of 2007 1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, CHENNAI 2 THE CHIEF MEDICAL OFFICER (THE POST IS CONVERTED AS THE DEAN) TUTICORIN MEDICAL COLLEGE HOSPITAL, TUTICORIN. ... PETITIONERS/PETITIONERS/APPELLANTS Vs 1 JEYALAKSHMI 2 DR. POONGOTHAI TUTICORIN MEDICAL COLLEGE HOSPITAL, TUTICORIN.
3 FATHIMA 4 DR. SUBBURATHINAM TUTICORIN MEDICAL COLLEGE HOSPITAL, TUTICORIN ... RESPONDENTS/RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the time granted in C.M.P.(MD) No. 6888 of 2016 in S.A.S.R.(MD) No. 31008 of 2007 dated 25.11.2016 for further period of 1 week PRAYER IN SA(MD)SR.31008/2007 :
Memorandum of grounds of Second Appeal challenging the Judgment and Decree dated 28.02.2006 made in AS.No.52/2005 on the file of Principal District Court at Tuticorin partly allowed the Judgment and Decree of the Sub-Court, Tuticorin made in OS.No.326/2003 dated 28.04.2005.
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.M.MURUGAN, Government Advocate for the petitioner and of MR.B.RAJESH SARAVANAN, Advocate for the Respondent no.4 the court made the following order:- Heard both sides.
2. This petition has been filed by the appellants to extend the time granted in C.M.P(MD)No.6888 of 2016 on 25.11.2016 by one week. https://hcservices.ecourts.gov.in/hcservices/
3. By order dated 25.11.2016, this Court condoned the delay on condition that the petitioners paying a sum of Rs.2,500/- (Rupees Two
thousand Five Hundred only) to the fourth respondent on or before 13.12.2016. Now the appellants have filed the above petition seeking extension of time stating that the Government declared holiday on account of Miladinabi on 13.12.2016 and therefore, they were not in a position to pay costs to the fourth respondent as directed by this Court. Further in paragraph No.6 of the affidavit, the appellants have stated that they tendered a sum of Rs.2,500/- to the fourth respondent on 14.12.2016, however the fourth respondent refused to receive the said amount.
4. The learned Counsel for the respondents has no serious objection for extending time for paying the cost amount.
5. In view of the submission made by the learned Counsel appearing on either side and also being satisfied with the averments stated in the affidavit filed in support of this petition, time granted by this Court on 25.11.2016 in CMP(MD)No.6888 of 2016 is extended by one week from the date of receipt of a copy of this order.
6. The learned Government Advocate submitted that the petitioners/appellants would be making the payment of Rs.2,500/- to the fourth respondent by tomorrow (23.12.2016) itself.
7. It is made clear that the petitioners are at liberty to pay the said sum of Rs.2,500/- to the Counsel appearing for the fourth respondent before this Court in this petition within the time stipulated.
8. Accordingly, this petition is ordered.
sd/- 22/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL DISTRICT JUDGE, TUTICORIN 2 THE SUBORDINATE JUDGE,TURICORIN 3 THE SECRETARY TO GOVERNMENT, THE STATE OF TAMILNADU HEALTH AND FAMILY WELFARE DEPARTMENT,CHENNAI 4 THE CHIEF MEDICAL OFFICER, (THE POST IS CONVERTED AS THE DEAN) TUTICORIN MEDICAL COLLEGE HOSPITAL, TUTICORIN.
GJM/GSV/PM/SAR-3-29.12.16-2P-5C
ORDER
IN CMP(MD) No.12369 of 2016 IN SA(MD) No.SR31008 of 2007 Date :22/12/2016 https://hcservices.ecourts.gov.in/hcservices/