Madras High CourtWMP(MD)/3990/2021allowed

N.Palaniyappan, v. The Assistant Executive Engineer

2021-09-03Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

WMP(MD)No.3990 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Third day of September Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice SENTHILKUMAR RAMAMOORTHY WMP(MD)No.3990 of 2021 in WP(MD)No.12435 of 2010 N.Palaniyappan ... Petitioner Vs The Assistant Executive Engineer Operation and Maintenance, Tamil Nadu Electricity Board, South Thuraiyur, Trichy District.

... Respondent Prayer :- This Writ Miscellaneous Petition filed under Article 226 of Constitution of India, pleased to restore the Writ Petition filed by the petitioner in WP(MD)No.12435 of 2010 which was dismissed for non prosecution on 07.12.2020 and rehear the petitioner and pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

ORDER:- This Writ Miscellaneous Petition 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.N.Shankar Ganesh, Advocate for the Petitioner, and this Court made the following order:- By order dated 07.12.2020, W.P.(MD).No.12435 of 2010 was dismissed for non-prosecution.

2. The petitioner has filed the present Miscellaneous Petition to restore the said Writ Petition.

3. Upon perusal of the affidavit in support of such petition, I find that the petitioner has made out sufficient cause for restoration.

4. Accordingly, this Miscellaneous Petition is allowed and W.P. (MD).No.12435 of 2010 shall stand restored.

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WMP(MD)No.3990 of 2021

5. Registry is directed to list W.P.(MD).No.12435 of 2010 along with W.P.(MD).No.15470 of 2021 on 13.09.2021. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Assistant Executive Engineer Operation and Maintenance, Tamil Nadu Electricity Board, South Thuraiyur, Trichy District.

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 03/09/2021 HEARING DATE : 13/09/2021 ==========================

ORDER

========================== WMP(MD).No.3990 of 2021 in WP(MD)No.12435 of 2010 Giving direction and etc.

as stated within.

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