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Madras High CourtCMP(MD)/5566/2024ordered

M.Selvakumar v. The Executive Offier,

2024-04-25Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice G.Arul Murugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice G. ARUL MURUGAN in WA(MD)SR.No.15147 of 2024 M.SELVAKUMAR ... PETITIONER/APPELLANT/ 1st RESPONDENT Vs 1 THE EXECUTIVE OFFIER, KANYAKUMARI SPECIAL GRADE TOWN PANCHAYAT, KANYAKUMARI DISTRICT.

2 THE ASSISTANT DIRECOR OF TOWN PANCHAYAT, COLLECTOR OFFICE, NAGERCOIL, KANYAKUMARI DISTRICT.

... 1st & 2nd RESPONDENTS/ 1st & 2nd RESPONDENTS/ 1st & 2nd PETITIONERS 3 THE PRESIDING OFFICER, LABOUR COURT, TIRUNELVELI.

... 3rd RESPONDENT/3rd RESPONDENT/ 2nd RESPONDENT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to condone the delay of 522 days in filing this Writ Appeal pendign disposal of the main Writ Appeal and thus render justice. 1/4

PRAYER IN WA(MD)SR.No.15147 of 2024:

Pleased to set aside the Order dated 14.06.2022 passed in WP(MD).No.2032 of 2013 (in respect of denial of back wages to the appellant) and allow the Writ Appeal. Prayer in WP(MD). 2032/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records on the files of the 2nd respondent pertaining to its order in I.D.No.109 of 2005 dated 25.01.2011 and to quash the same.

ORDER : This Civil Miscellaneous 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 Mr.S.SURESH KUMAR, Advocate for the petitioner and of Mr.N.SATHEESH KUMAR, Additional Government Pleader on behalf of the Respondents No.1 & 2, the court made the following order:- [Order of the Court was made by R.SURESH KUMAR, J.] This petition is filed to condone the delay of 522 days in filing W.A.(MD) SR.No.15147 of 2024.

2.Though the learned Additional Government Pleader for the respondents 1 and 2 raised an objection, considering the merits of the case, which is going to be raised in the main Writ Appeal, in order to hear the main Writ Appeal and decide the same, we feel that this petition can be allowed on terms. Therefore, this Civil Miscellaneous Petition is ordered on payment of Rs.5000/- (Rupees Five Thousand 2/4

Only) as cost to the respondents 1 and 2 through the learned Additional Government Pleader.

sd/- 25/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

YUVA TO 1 THE EXECUTIVE OFFIER, KANYAKUMARI SPECIAL GRADE TOWN PANCHAYAT, KANYAKUMARI DISTRICT.

2 THE ASSISTANT DIRECOR OF TOWN PANCHAYAT, COLLECTOR OFFICE, NAGERCOIL, KANYAKUMARI DISTRICT.

3 THE PRESIDING OFFICER, LABOUR COURT, TIRUNELVELI.

COPY TO:

1 THE SUB ASSISTANT REGISTRAR A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

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ORDER IN in WA(MD)SR.No.15147 of 2024 Date :25/04/2024 SA/VR/SAR. /30.04.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4