Madras High CourtCMP(MD)/7634/2016dismissed

The Managing Director v. T.Vargheese

2016-09-30Honourable Mr Justice M. Sathyanarayanan,Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Thirtieth day of September Two Thousand and Sixteen PRESENT The Hon`ble Ms.Justice M.SATHYANARAYANAN and The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.7634 of 2016 IN WA(MD) No.SR21909 of 2011 1 THE MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION, MADURAI III DIVISION, MADURAI.

...Petitioner No.1/Appellant No.1

2 THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION, MADURAI III DIVISION, RANITHOTTAM, NAGERCOIL, KANYAKUMARI DISTRICT.

...Petitioner No.2/Appellant No.2

Vs T.VARGHEESE ...Respondent/Respondent Prayer in C.M.P.(MD)No.7634 Of 2016:

This Miscellaneous Petition is filed under Section 5 of Limitation Act, praying to condone the delay of 93 days in filing the Writ Appeal against the order passed in W.P.No.2221 of 2006 dated 30.11.2010.

W.A.(MD)SR.No.21909 Of 2011:

Writ Appeal is filed under clause 15 of the letter patent to prefer this memorandum of Grounds of Writ Appeal against the order passed by Honourable Mr.Justice S.Nagamuthu dated 30.11.2010 in WP(MD) No.2221 Of 2006.

Prayer in WP.(MD)No.2221 Of 2016:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order issued by the 2nd respondent in his procedings in letter No.7486/Legal 90/TSTC/2005 dated 26/01/2006 and quash the same as illegal and consequently to direct the respondents to pay pensionary benefits to the petitioner forthwith.

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ORDER: This Miscellaneous Petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Sivaraman for Mr.Rajnish Pathyiyil, Advocate for the petitioners /Appllents the Court made the following order.

This is a petition to condone the delay of 93 days caused in filling the above appeal.

2.Mr.D.Sivaraman, learned Standing Counsel, appearing for the petitioners submitted that in the light of the subsequent development, nothing survives for adjudication in this matter. 3.In view of the same, this miscellaneous petition is dismissed and consequently, W.A.(MD) No.SR.21909 of 2011 is rejected. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar +1CC to M/s. Ajmal Associates in SR.No.4706 DS/SV/SAR-1 :21.06.2018: 2P/2C ORDER IN CMP(MD) No.7634 of 2016 IN WA(MD) No.SR21909 of 2011 30/09/2016 https://hcservices.ecourts.gov.in/hcservices/