Madras High CourtCMP(MD)/9032/2017ordered

Government Of Tamil Nadu, v. M.Selvaraj,

2018-04-10Honourable Mr Justice M.Duraiswamy,Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Tenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY and The Hon`ble Dr.Justice ANITA SUMANTH CMP(MD) No.9032 of 2017 IN WA(MD) No.SR36333 of 2017 1 GOVERNMENT OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI-9 2 THE COMMISSIONER/DIRECTOR OF SURVEY AND SETTLEMENT, CHEPAUK, CHENNAI.

3 THE ADDITIONAL DIRECTOR OF SURVEY AND LAND RECORDS, CHEPAUK, CHENNAI.

4 THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS, MADURAI-20 MADURAI DISTRICT. ... APPELLANTS/RESPONDENTS Vs M.SELVARAJ ... 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 235 days in filing the above Writ Appeal and this render justice.

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.A.K.BASKARA PANDIAN, Additional Government Pleader for the petitioners and the Respondent not appeared either in person or by an Advocate, the court made the following order:- (Order of the Court was made by M.DURAISWAMY,J) There is a delay of 235 days in filing the Writ Appeal as against the order passed in WP(MD)No.19182 of 2016.

2. In paragraph No.9 of the affidavit filed in support of the petition, the petitioners/appellants have stated that the copy of the order passed in the writ petition was received by them on 16.12.2016 and on receipt of the same, legal opinion was sought for https://hcservices.ecourts.gov.in/hcservices/

from the Government Advocate and on receipt of the opinion, orders were obtained for filing the writ appeal. Hence, there is a delay of 235 days in filing the present writ appeal.

3. Though the petitioners have explained the reasons for the delay, since the delay is on the higher side, we are of the considered view that the same can be condoned on payment of cost.

4. Accordingly, the delay of 235 days in filing the writ appeal is condoned on condition that the petitioners pay a sum of Rs.1,000/- (Rupees One Thousand only) to the Honourable Chief Justice Relief Fund within a period of one week from the date of receipt of a copy of this order, failing which the petition shall stand automatically dismissed without further reference to this Court.

5. Accordingly, the petition is ordered.

sd/- 10/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI-9 2 THE COMMISSIONER/DIRECTOR OF SURVEY AND SETTLEMENT, CHEPAUK, CHENNAI.

3 THE ADDITIONAL DIRECTOR OF SURVEY AND LAND RECORDS, CHEPAUK, CHENNAI.

4 THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS, MADURAI-20 MADURAI DISTRICT.

5 THE SECTION OFFICER/ACCOUNTS OFFICER, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.9032 of 2017 IN WA(MD) No.SR36333 of 2017 Date :10/04/2018 PS TE/RR/GSR : 13/04/2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/