The Secretary To Govt v. C.Durairaju
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifth day of April Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM and The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.2330 of 2017 IN WA(MD) No.SR6303 of 2017 1 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE, CHENNAI-600 009.
2 THE DIRECTOR OF SURVEY AND SETTLEMENT, CHEPAUK, CHENNAI-5.
3 THE ASSISTANT DIRECTOR OF SURVEY, SURVEY AND LAND RECORDS, PUDUKKOTTAI. ... PETITIONERS/APPELLANTS/ RESPONDENTS Vs C.DURAIRAJU ... RESPONDENT/RESPONDENT/ PETITIONER 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 405 days in preferring against the orders passed by this Honourable Court in WP(MD). No.18728/2015 dated 14/10/2015 till the disposal of the writ appeal.
Prayer in WP(MD). 18728/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS directing the respondents to give due regularization to the petitioner in the post of surveyor, Pudukottai with effect from 18.07.1988 with all attended monetary benefits. 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.V.R.SHANMUGANATHAN, Special Government Pleader for the petitioners and of
MR.M.V.VENKATASESHAN, for Caveator for the Respondent the court made the following order:- (Order of the Court was made by T.S.SIVAGNANAM,J.) This Civil Miscellaneous Petition has been filed seeking to condone the delay of 405 days in preferring the above appeal.
2. Heard Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the petitioners and Mr.M.V.Venkataseshan, learned Counsel for the respondent.
3. The reason assigned for the delay is that there was a parallel round of litigation pursuant to the contempt petition filed by the respondent. Considering the facts and circumstances of the case, the delay of 405 days in filing the above appeal is condoned, on condition that the petitioners shall pay a sum of Rs.1,500/- (Rupees One Thousand and Five Hundred only), to the credit of Savings Bank Account No.6514082295, Indian Bank, High Court Branch, Madurai Bench of Madras High Court Premises, Madurai - 625 023, operated by the Registrar [Administration], Madurai Bench of Madras High Court, Madurai - 625 023, for the purpose of removal of Seemai Karuvelam Trees, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that if the cost is not paid by the petitioners within the time stipulated in this order, this Miscellaneous Petition shall stand dismissed automatically without any further reference to this Court.
sd/- 05/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE, CHENNAI-600 009.
2 THE DIRECTOR OF SURVEY AND SETTLEMENT, CHEPAUK, CHENNAI-5.
3 THE ASSISTANT DIRECTOR OF SURVEY, SURVEY AND LAND RECORDS, PUDUKKOTTAI.
COPY TO 1.THE REGISTRAR (ADMINISTRATION), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2.THE BRANCH MANAGER, INDIAN BANK, HIGH COURT BRANCH, MADURAI.
GJM/CM/MSA/SAR-3-10.4.17-3P-6C
ORDER
IN CMP(MD) NO.2330 OF 2017 IN WA(MD) NO.SR6303 OF 2017 DATE :05/04/2017