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Madras High CourtCMP(MD)/2403/2023ordered

The Deputy Director General v. R.Venkadesan,

2023-06-19Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri2 pages

C.M.P.(MD) No.2403 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Nineteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mrs.Justice L. VICTORIA GOWRI C.M.P.(MD) No.2403 of 2023 in W.A.(MD) SR No.17878 of 2019 1 THE DEPUTY DIRECTOR GENERAL NATIONAL CADET CORPS DIRECTORATE, TAMIL NADU, PONDICHERRY AND ANDAMAN, FORT ST. GEORGE, CHENNAI.

2 THE COMMANDING OFFICER, 3, TAMIL NADU GIRLS BATTALION NATIONAL CADET CORPS, MAHARAJA NAGAR, TIRUNELVELI.

... PETITIONERS/APPELLANTS/ RESPONDENTS Vs R.VENKADESAN ... RESPONDENTS/RESPONDENTS/ PETITIONER Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order passed in C.M.P(MD)No.5392 of 2019 in W.A.(MD)No.SR.17878 of 2019 dated 04.10.2019 which was dismissed for default for non payment of batta and restore the same and thus render justice.

PRAYER IN WA(MD) No.SR17878 of 2019:

To set aside the common order dated 07.12.2018 in WP(MD)No.9463 of 2014.

Prayer in WP(MD). 9463/ 2014 :

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 pertaining to the impugned order in No. 1308/1/SC dated 20.04.2009 of the 1st Respondent and quash the same as illegal and consequently to direct the Respondent s to appoint the petitioner to any suitable post by taking note of his educational qualification on compassionate ground within a prescribed time is stipulated by this Honble Court. https://www.mhc.tn.gov.in/judis 1/2

C.M.P.(MD) No.2403 of 2023 ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.BASKARAN, Additional Government Pleader for the petitioner and not appeared for the respondent either in person or through by an advocate, the court made the following order:- Though the respondent has been served with notice and his name has been printed in the cause list, he has not appeared either in person or through his counsel.

2. Accepting the reasons assigned in the affidavit, this civil miscellaneous petition is allowed and C.M.P.(MD) No.5392 of 2019 is restored to file.

sd/- 19/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

krk TO 1 THE DEPUTY DIRECTOR GENERAL NATIONAL CADET CORPS DIRECTORATE, TAMIL NADU, PONDICHERRY AND ANDAMAN, FORT ST. GEORGE, CHENNAI.

2 THE COMMANDING OFFICER, 3, TAMIL NADU GIRLS BATTALION NATIONAL CADET CORPS, MAHARAJA NAGAR, TIRUNELVELI.

COPY TO 1.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P.(MD) No.2403 of 2023 in W.A.(MD) SR No.17878 of 2019 Date :19/06/2023 RK/BUC/SAR- (28/06/2023) 2P/5C https://www.mhc.tn.gov.in/judis 2/2