The Regional Manager v. V. Ravikumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Seventh day of September Two Thousand Twenty PRESENT THE HON'BLE MR JUSTICE M. SATHYANARAYANAN AND THE HON'BLE MR JUSTICE P. RAJAMANICKAM C.M.P.(MD)No.4219 of 2020 in W.A.(MD)SR.No.29684 of 2020
1. THE REGIONAL MANAGER, DINDIGUL REGION, TAMILNADU CIVIL SUPPLIES CORPORATION, DISTRICT COLLECTOR OFFICE CAMPUS, DINDIGUL, DINDIGUL DISTRICT.
2. THE MANAGING DIRECTOR, HEAD OFFICE, TAMIL NADU CIVIL SUPPLIES CORPORATION, NO.12, THAMBUSAMY ROAD, KILPAUK, CHENNAI - 600010.
... PETITIONERS/APPELLANTS/ RESPONDENTS - VS. - V. RAVIKUMAR ... RESPONDENT/RESPONDENT/ PETITIONER Prayer in CMP(MD). 4219/ 2020 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 208 days in filing the present Writ Appeal against the Order made in W.P.(MD). No. 12149 of 2015, dated 03.01.2020, thus render justice.
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.R.VIJAYAKUMAR, Advocate for the petitioners and of Mr.N.TAMILMANI, Advocate on behalf of the Respondent the court made the following order:- [Order of the Court was made by M.SATHYANARAYANAN, J.,] This Court heard the submissions of the learned counsel appearing for the petitioners and perused paragraph No.12 of the 1/3
affidavit filed in support of this petition and the reasons stated therein appear to be administrative in nature.
2. This petition is strongly opposed by the learned counsel appearing for the respondent by submitting that in the absence of any proper reasons, such a huge delay cannot be condoned.
3. Though the counsel on record appearing for the Official respondents/appellants herein had applied for certified copy of the order, the appeal has not been filed utilising the copy of the same and it has been filed with the certified copy of the order directly despatched from the Registry of this Court and this Court has put up a specific question as to what happened to the certified copy of the order said to have been applied by the learned counsel appearing for the Official respondents/appellants, for which, the learned counsel appearing for the petitioners prays for a short accommodation to get necessary instructions.
4. This Court came across very many cases, in which, the Official respondents filing the writ appeal with certified copy of the order despatched from the Registry of this Court, despite the fact that a provision is also available to the respective learned counsel to apply for the certified copy of the order and normally, the said copies should have been made ready earlier than the receipt of the despatched copy of the order.
5. In the light of the above facts and circumstances, this petition is allowed and the petitioners are directed to pay jointly a sum of Rs.2,000/- (Rupees Two Thousand only) to the Additional Registrar General in-charge/Registrar Judicial for improvement of amenities relating to virtual Court hearing etc., within a period of three weeks from today and also file a memo to that effect. Registry, in the event of filing of the said memo, shall number the Writ Appeal, if the papers are otherwise in order and list it for admission and also print the name of the respondent. sd/- 07/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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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.
COPY TO:
THE ADDITIONAL REGISTRAR GENERAL IN-CHARGE/ REGISTRAR JUDICIAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN C.M.P.(MD)No.4219 of 2020 in W.A.(MD)SR.No.29684 of 2020 Date :07/09/2020 vsm AE/VR/SAR-II (10.09.2020) 3P 2C 3/3