Madras High CourtCMP(MD)/5569/2022allowed on condition

The Management, v. A. Mohan,

2022-08-04Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.5569 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.N.PRAKASH and The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.5569 of 2022 IN WA(MD)SR.No.35627 of 2022 THE MANAGEMENT, O.1020 TUTICORIN CO-OPERATIVE STORE, NO.3, CHITHAMBARA NAGAR MAIN ROAD, THOOTHUKUDI, REPRESENTED BY ITS PRESIDENT, S.SANKAR GANESH ... PETITIONER/APPELLANT Vs 1 A.MOHAN 2 THE ASSISTANT COMMISSIONER OF LABOUR, (AUTHORITY UNDER THE PAYMENT OF SUBSISTENCE ALLOWANCE ACT), TIRUNELVELI.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 88 days in filing the Writ Appeal against order in W.P.(MD). No. 16583 of 2013 dated 15.12.2021. PRAYER IN WA(MD)SR.No.35627 of 2022:

Pleased to set aside the order passed in W.P(MD)No.16583 of 2013 dated 15.12.2021 by this Hon'ble Court.

Prayer in WP(MD). 16583/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India issuance of Writ of Certiorari, calling for the records passed by the 2nd respondent in P.S.A.No. 19 of 2012 dated 07/06/2013 and quash the same.

ORDER : This 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 M/S.S.M.MOHAN GANDHI, Advocate for the petitioner and of Mr.A.PRASANNA RAJADURAI, Advocate for the 1st Respondent and Mr.S.R.A.RAMACHANDRAN, Additional Government Pleader on behalf of the 2nd Respondent, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.5569 of 2022 (Made by P.N.PRAKASH, J.) Heard, Mr.S.M.Mohan Gandhi, learned counsel for the petitioner/appellant, Mr.A.Prasanna Rajadurai, learned counsel for the first respondent and Mr.S.R.A.Ramachandran, learned Additional Government Pleader for the second respondent.

2. The delay of 88 days in filing this writ appeal is condoned subject to the condition that the petitioner shall pay a sum of Rs.2000/- (Rupees Two Thousand Only) to the Gandhi Memorial Museum, bearing Account No.6479518195, IFSC Code: IDIB000T03, Indian Bank, Tallakulam Branch, Madurai, within a period of one week from today and file a memo to that effect to the Registry. Registry on receipt of the memo shall number the appeal, if the papers are otherwise in order and list it for admission.

3. Print the name of Mr.A.Prasanna Rajadurai, learned counsel for the first respondent and Mr.S.R.A.Ramachandran, learned Additional Government Pleader for the second respondent. sd/- 04/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ASSISTANT COMMISSIONER OF LABOUR, (AUTHORITY UNDER THE PAYMENT OF SUBSISTENCE ALLOWANCE ACT), TIRUNELVELI.

COPY TO:

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

2 THE OFFICER INCHARGE, GANDHI MEMORIAL MUSEUM, COLLECTOR OFFICE ROAD, TALLAKULAM, MADURAI - 625 020.

ORDER IN CMP(MD) No.5569 of 2022 IN WA(MD)SR.No.35627 of 2022 Date :04/08/2022 pkn SA/VR/SAR.1/05.08.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2