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Madras High CourtCMP(MD)/2423/2024allowed

H.David Sudhakaran v. P.Madhavan

2025-04-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fifth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MRS. JUSTICE J.NISHA BANU and The HONOURABLE MRS. JUSTICE S.SRIMATHY C.M.P.(MD)No.2423 of 2024 in W.A.(MD)No.SR 11865 of 2024 H.DAVID SUDHAKARAN ... PETITIONER Vs 1 P.MADHAVAN 2 THE STATE OF TAMILNADU REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT , FORT.ST.GEORGE, CHENNAI-9 3 THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI 600 006 4 THE JOINT DIRECTOR OF SCHOOL EDUCATION(HIGHER SECONDARY), DPI CAMPUS, COLLEGE ROAD, CHENNAI-600 006 5 THE CHIEF EDUCATIONAL OFFICER O/O. CHIEF EDUCATIONAL OFFICE,VIRUDHUNAGAR DISTRICT. 1/4

6 THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATIONAL OFFICE VIRUDHUNAGAR DISTRICT.

7 M.N.M.S.P.S.N. HIGHER SECONDARY SCHOOL, REP.BY ITS SECRETARY, MALLAKINAR, ARUPPUKKOTAI, VIRUDHUNAGAR DISTRICT.

8 P.JEYAPRAKASAM THE SECRETARY, M.N.M.S.P.S. N.HIGHER SECONDARY SCHOOL, MALLAKINAR, ARUPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

... RESPONDENTS For Petitioner :

Mr.H.Mohamed Imran, Advocate for M/s.Ajmal Associates For Respondent :

Mr.G.Karthick, Advocate for M/s.Roy & Roy Associates for R1 Mr.S.S.Madhavan, Additional Government Pleader for R2 to R6 R7 & R8 - No appearance

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This petition is filed to condone the delay of 358 days in filing the above Writ Appeal.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 2 to 6 and the learned counsel for the first 2/4

respondent. Though notice has been served on the respondents 7 and 8, none appeared on their behalf.

3.Being satisfied with the reasons stated in the affidavit filed in support of this petition and taking into consideration that the respondents 1 to 6 have got no objection to condone the delay, this Court is inclined to condone the delay of 358 days, however, on payment of costs.

4.Accordingly, this petition is allowed and the delay is condoned on payment of Rs.2,000/- (Rupees Two Thousand only), to the High Court Legal Services Committee attached to this Bench forthwith on receipt of a copy of this order, failing which this petition will be dismissed automatically without any further reference to this Court.

5.On production of receipt for such deposit, the Registry is directed to number the writ appeal, if the papers are otherwise in order and list the same along with W.A.(MD)No.1577 of 2023.

sd/- 25/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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ta COPY TO:

1 THE OFFICER INCHARGE, HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P.(MD)No.2423 of 2024 in W.A.(MD)No.SR 11865 of 2024 Date :25/04/2025 MK/SAR /06.05.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4