Panchapakesan v. Sri Panchanatheeswaraswamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-07-2025

CORAM

THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN IN SA(MD) SR NO. 26096 OF 2024 Panchapakesan S/o. Krishnamoorthy, No. 68, North street, Thiruvaiyaru town and Munsif, Thanjavur District.

Petitioner(s) Vs Sri Panchanatheeswaraswamy Devasthanam Thiruvaiyaru, Rep by its Hereditary Trustee Sri. La. Sri. Masilamani Desika Gnansambandha Paramachariyar Swamigal Dharmai Adheenam, Dharmapuram, Myiladuthurai.

Respondent(s) For Petitioner(s):

K.Vijayaraghavan m.r.s.prabhu m. sivakumar

ORDER

This petition is filed to condone the delay of 354 days in representing the above second appeal.

2. This court, by order dated 22.05.2025, passed the following order:- "4. This petition is allowed on condition that the petitioners 1/4

shall pay the cost of Rs.500/- (Rupees Five Hundred only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche within a period of Four weeks from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission."

3. Admittedly, the petition came to be allowed on condition that the petitioner pay a sum of Rs.500/- within a period of four weeks from the date of receipt of a copy of that order. However, the payments were not made. Since there was no default clause in respect of the non-payment of the cost, the petition has not been closed as dismissed. However, today, the petition is listed for reporting compliance by making an endorsement as 'cost memo not filed'.

4. The learned counsel for the petitioner would submit that due to inadvertence, he did not take note of the order passed and he did not comply with the same in time. As such, they have paid the cost, in fact, a sum of Rs.1,000/- (Rupees One Thousand only) to the Women Advocates Association, Madurai Bench of Madras High Court on 02.07.2025. Since there is a delay of more than a month in 2/4

payment of the cost as directed by this court, the learned counsel seeks indulgence of this court to extend the time and accept the payment and allow the petition as ordered earlier.

5. In view of the submission made and considering the fact that the cost has been paid on 02.07.2025, the time imposed in the order dated 22.05.2025 is extended and the cost is accepted and this petition is ordered accordingly. sd/- 02/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SKN TO 1 The Principal District Judge, Thanjavur.

2 The Additional Subordinate Judge, Thanjavur. Copy To:

The Officer Incharge, Women Advocates Association, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN IN SA(MD) SR NO. 26096 OF 2024 Date :02/07/2025 SA/SAR. /08.07.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4