The Director Of Elementary v. M.Jesuraja,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI in Rev.Aplc(MD).SR.No.50149 of 2018 1.The Director of Elementary School Education, D.P.I.Campus, College Road, Chennai.
2.The District Elementary Education Officer, Tirunelveli District, Tirunelveli.
3.The Assistant Elementary Educational Officer, Keelapavur Range, Tirunelveli District.
... Petitioners Vs.
1.M.Jesuraja 2.The Correspondent, T.D.T.A. Middle School, Adaikalapattanam, Tirunelveli District.
....Respondents Prayer in C.M.P(MD).No.2562 of 2019: This petition is filed under Section 5 of Limitation Act, praying to condone the delay of 225 days in filing the above review filed as against the order, dated 20.03.2018, passed in W.A.(MD)No.461 of 2018, on the file of this Court.
Prayer in Rev.Aplc(MD).SR.No.50149 of 2018: Review Application is filed under Section 114 r/w. Order 47 Rule 1 of the Code of Civil Procedure, to review the order dated 20.03.2018, passed in W.A.(MD) No.461 of 2018, on the file of this Court.
Prayer in WA(MD). 461 of 2018 :
This Writ Appeals filed under Clause 15 of Letters patent Act, as against the order dated 30.11.2016 in W.P.(MD).No.22841 of 2016 on the file of this Court.
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Prayer in WP(MD). 22841 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 pertaining to the order passed by the 3rd respondent in his proceedings A.THI.MU.No.197/A1/2015, dated 23.02.2015 and quash the same, and direct the respondents to approve the appointment of the petitioner from the date of appointment i.e. from 05.12.2014 and confer all the consequential benefits. For Petitioners : Mr.A.K.Manickam Government Counsel For R1 : Mr.S.Chellapandian For R2 : No appearance
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM,J.] We have heard Mr.A.K.Manickam, learned Government Counsel appearing for the petitioners and Mr.S.Chellapandian, learned counsel appearing for the first respondent.
2.There is a delay of 225 days in filing the review application.
3.We have perused the affidavit filed in support of the condone delay petition and we find that there is absolutely no explanation for the delay. Further, it is pointed out by the learned Government counsel for the petitioners that there are four writ petitioners, out of which, the Department has complied with the order in respect of one of the writ petitioners, by name, Rajesh, by order dated 08.12.2017. As there is no explanation for the delay, we refuse to excise the jurisdiction and dismiss the petition. Accordingly, this Civil Miscellaneous Petition is dismissed. Consequently, the Rev.Aplc(MD).SR.No.50149 of 2018, is rejected at the SR stage itself. No costs.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls/akv 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. 2/3
To 1.The Director of Elementary School Education, D.P.I.Campus, College Road, hennai.
2.The District Elementary Education Officer, Tirunelveli District, Tirunelveli.
3.The Assistant Elementary Educational Officer, Keelapavur Range, Tirunelveli District.
+1 CC to Mr. Special Government Pleader, SR.No. 22324 +1 CC to Mr.S.CHELLAPANDIAN, Advocate SR.No. 22221 in Rev.Aplc(MD).SR.No.50149 of 2018 09.07.2021 se(CO) TR(19.07.2021) 3P 6C 3/3