The District Collector v. R.Ayyappan
CMP(MD) No.1944 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mr.Justice P.RAJAMANICKAM CMP(MD) No.1944 of 2020 IN WA(MD)No.SR 10550 of 2020 1 THE DISTRICT COLLECTOR VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.
2 THE TASHILDHAR, TALUK OFFICE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.
... PETITIONER/ APPELLANT Vs R.AYYAPPAN ... RESPONDENT/ RESPONDENT 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 290 days in filing the above appeal filed as against the order dated 26.02.2019 passed in WP(MD).No. 8782 of 2016 on the file of this Honourable Court.
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.VR.SHANMUGANATHAN, Special Government Pleader for the petitioners and of Mr.S.KARTHIK, Advocate on behalf of the Respondent, the court made the following order:- [Order of the Court was made by M.SATHYANARAYANAN, J.,] The Official respondents, aggrieved by the disposal of the writ petition with certain directions, had filed the above appeal with a delay of 290 days.
2. Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the petitioners has drawn the attention of this Court to paragraph No.4 of the affidavit filed in support of this petition and would submit that the delay has been properly explained and since chance of success in the appeal is very bright, prays for condonation of delay.
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CMP(MD) No.1944 of 2020
3. However, this petition is strongly opposed by the learned counsel counsel appearing for the respondent/writ petitioner by submitting that the delay is nearly one year and odd and the reasons adduced appear to be administrative in nature and hence, prays for dismissal of this petition.
4. This Court, taking into consideration the rival submissions, reasons assigned in the affidavit filed in support of this petition as well as the other facts and circumstances, is inclined to order this petition by putting the petitioners on terms.
5. In the result, this civil miscellaneous petition is ordered subject to the condition that the petitioners shall jointly pay a sum of Rs.3,000/- (Rupees Three Thousand only) to the Additional Registrar General in-charge/Registrar Judicial within a period of one week from today and also file a memo to that effect. Registry, in the event of filing of the said memo, shall number the writ appeal, if the papers are otherwise in order and list it for admission and also print the name of Mr.S.Karthik, for respondent. sd/- 22/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.
TO 1 THE DISTRICT COLLECTOR VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.
2 THE TASHILDHAR, TALUK OFFICE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.
COPY TO:
THE ADDITIONAL REGISTRAR GENERAL IN-CHARGE/ REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CMP(MD) No.1944 of 2020 IN WA(MD)No.SR 10550 of 2020 Date :22/07/2020 MS/VR/SAR-2/27.07.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2