S.Rabik Raja, v. The Divisional Railway

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Nineteenth day of April Two Thousand and Seventeen PRESENT The Hon`ble Mr.Justice V.PARTHIBAN WRIT MISCELLANEOUS PETITION(MD) No.3876 of 2017 IN WP(MD) No.24552 of 2016 S.RABIK RAJA ... PETITIONER/PETITIONER Vs THE DIVISIONAL RAILWAY MANAGER(COMMERCIAL), SOUTHERN RAILWAYS, DIVISIONAL OFFICE, COMMERCIAL BRANCH, TIRUCHIRAPPALLI. RESPONDENT/RESPONDENT Writ Miscellaneous Petition filed under article 226 of the Constitution of India, praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the time granted in WP(MD)No.24552 of 2016 disposed on 10.01.2017 to deposit the license fee of Rs.2,16,000/- with interest @ 14% from the date of its due till the date of payment. Prayer in WP(MD).

24552/ 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 relating to the proceedings of the impugned order in T/C. 79/FVL.R/BAL dated 17.11.16 on the file of the respondent and quash the same and further directing the respondent to permit the petitioner to pay the license fee with interest in accordance with clause I of the letter of allotment dated 25.04.2016.

ORDER : This Writ Miscellaneous petition coming on for orders and upon perusing the petition and the affidavit filed in support thereof on the file of the High Court, and upon hearing the arguments of M/S.G.PRABHU RAJADURAI, Advocate for the petitioner and https://hcservices.ecourts.gov.in/hcservices/ of MR. S. MANOHAR, ADVOCATE on behalf of the Respondent the court made the following order:-

The learned counsel appearing for the petitioner would submit that the order passed in the above said Writ Petition could not be complied with, as the petitioner was severely ill. However, as per the direction passed by this Court vide order dated 10/01/2017, the amount including interest payable is now ready with the petitioner. But the same could not be accepted by the respondent, as two weeks time was granted in the main writ petition. In the above said circumstances, the petitioner has come forward with the present application for extension of time originally granted by this court vide order dated 10/01/2017.

2. Considering the facts and circumstances of the case and the offer made by the petitioner, time is granted by this Court vide order 10/01/2017 is extended till 28/04/2017. The petitioner is directed to remit the license fee payable along with the interest till 28/04/2017 and the same has to be paid on or before 28/04/2017. With the above direction, this Miscellaneous Petition is disposed of.

sd/- ASST REGISTRAR ( CS II ) / TRUE COPY / Sub-Assistant Registrar (C.S.) TO THE DIVISIONAL RAILWAY MANAGER(COMMERCIAL), SOUTHERN RAILWAYS, DIVISIONAL OFFICE, COMMERCIAL BRANCH, TIRUCHIRAPPALLI.

1CC TO MR. G. PRABHU RAJADURAI, ADVOCATE SR: 20609 DATED: 19/04/2017

ORDER

WMP(MD) No.3876 of 2017 IN WP(MD) No.24552 of 2016 Giving direction etc as stated with.

AM SKN RSK SAR 3 21/04/2017 - 2P 3C https://hcservices.ecourts.gov.in/hcservices/