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Madras High CourtCMP(MD)/5785/2018ordered

The Commissioner v. C.Govindasamy,

2018-07-06Honourable Mr Justice M.Duraiswamy,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY and The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.5785 of 2018 IN WA(MD) No.SR25563 of 2017 1 THE COMMISSIONER VADAMADURAI PANCHAYAT UNION, DINDIGUL DISTRICT 2 THE UNION CHAIRMAN VADAMADURAI PANCHAYAT UNION, DINDIGUL DISTRICT 3 THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT OFFICE, DINDIGUL DISTRICT, DINDIGUL ... PETITIONER/APPELLANT Vs 1 C.GOVINDASAMY, 2 D.BALAKRISHNAN 3 P.SAKTHIVEL ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 345 days in representing the papers in WA(MD). SR.No.25563 of 2017.

PRAYER IN WA(MD) No.SR25563 of 2017:

to set aside the order on 08.02.2017 in WP(MD)No.848 of 2009 and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

Prayer in WP(MD). 848/ 2009 :

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 relating to the impugned order passed by the 1st respondent in his proceedings in Na.Ka.No.1522/2008/Aa2 dated 05.09.2008 and quash the same as

illegal and consequentially to direct the 1st respondent to appoint the petitioner to the post of Jeep Driver in the office of the 2nd respondent w.e.f.25.07.2008 [(*) PRAYER AMENDED AS PER ORDER DT. 17.11.14 IN MP.1/14] 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.A.K.BASKARA PANDIAN, Special Government Pleader for the petitioner and the court made the following order:- (Order of the Court was made by M.DURAISWAMY,J) There is a delay of 345 days in representing the papers.

2. Though the petitioner has explained the reasons for the delay in the affidavit filed in support of the petition, since the delay is on higher side, the same can be condoned on payment of costs. Accordingly, the delay of 345 days in representing the papers is condoned on condition the petitioners paying a sum of Rs.500/-(Rupees Five Hundred only) to the Chief Justice Relief Fund within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall automatically be cancelled without further reference to this Court.

3. Accordingly, this petition is ordered.

sd/- 06/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE COMMISSIONER VADAMADURAI PANCHAYAT UNION, DINDIGUL DISTRICT 2 THE UNION CHAIRMAN VADAMADURAI PANCHAYAT UNION, DINDIGUL DISTRICT

3 THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT OFFICE, DINDIGUL DISTRICT, DINDIGUL Copy to:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to SPL GOVT PLEADER Advocate SR.No.12514

ORDER

IN CMP(MD) No.5785 of 2018 IN WA(MD) No.SR25563 of 2017 Date :06/07/2018 SMA/PMI/GSR/11.07.2018:3P/6C