Madras High CourtCMP(MD)/6507/2019ordered

The State Of Tamilnadu v. V.Rajagopal

2019-08-13Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mr Justice SENTHILKUMAR RAMAMOORTHY CMP(MD)Nos.6507 and 6510 of 2019 in WA(MD)SR.Nos.22258 and 22261 of 2019

1. The State of Tamilnadu Rep by its Secretary to Department of Revenue, St.George Fort, Chennai.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Tahsildar, Sivagiri Taluk Office, Tirunelveli District.

... Petitioners in both petitions.

- Vs. -

1. V.Rajagopal

2. The Principal Accountant General, (A & E) Pension, 391, Anna Salai, Chennai.

... Respondents in CMP(MD). 6507/ 2019

1. Mariappan

2. The Principal Accountant General, (A & E) Pension, 391, Anna Salai, Chennai.

... Respondents in CMP(MD). 6510/ 2019 Prayer in CMP(MD). 6507/ 2019 :

To Condone the delay of 309 days in filing the above Writ Appeal against the order dated 10.07.2018 made in WP(MD) No.13667 of 2018.

Prayer in CMP(MD). 6510/ 2019 :

To Condone the delay of 309 days in filing the above Writ Appeal against the order dated 10.07.2018 made in WP(MD) No.13676 of 2018.

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Prayer in WA(MD)SR.No.22258 of 2019:

To set aside the order dated 10.07.2018 made in WP(MD)No.13667 of 2018 on the file of this Hon'ble Court and allow this Writ Appeal.

Prayer in WP(MD)No.13367 of 2018:

To set aside the order dated 10.07.2018 made in WP(MD)No.13676 of 2018 on the file of this Hon'ble Court and allow this Writ Appeal.

Prayer in WP(MD)No.13676 of 2018:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents 2 to 4 to sent revised Pension Proposal to the 1st Respondent calculating half of the services put in by the Petitioner as Village Assistant from 29/12/1977 to 01/06/1995 within a specified time frame that may fixed by the Honble High Court. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.R. SHANMUGANATHAN, SPL.GOVT.PLEADER, Advocate for the petitioner in both the petitions and of MR.T.S.MOHAMED MOHIDEEN, on behalf of the 1st Respondent in both the petitions, the court made the following order:- (Order of the Court was made by K.RAVICHANDRABAABU,J) These Miscellaneous Petitions are filed to condone the delay of 309 days in filing the above Writ Appeals.

2.Heard both sides and perused the materials placed before this Court.

3.In connected case, this Court has condoned the delay on payment of Rs.750/- towards costs payable to the first respondent/Writ Petitioner.

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4.Accordingly, these Petitions are ordered and the delay is condoned, subject to the condition that the Petitioners shall pay a sum of Rs.750/- towards costs, in each of these Petitions, to the first respondent/Writ Petitioner through his counsel, within a period of two weeks from the date of receipt of a copy of this order, failing which, these Petitions shall stand dismissed automatically without further reference to this Court. sd/- 13/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. The Secretary to Department of Revenue, State of Tamilnadu, St.George Fort, Chennai.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Tahsildar, Sivagiri Taluk Office, Tirunelveli District.

4 THE PRINCIPAL ACCOUNTANT GENERAL, (A &E) PENSION, 391, ANNA SALAI, CHENNAI.

+1. C.C. to M/S.T.S.MOHAMED MOHIDEEN, Advocate SR.No.13466

ORDER

IN CMP(MD)Nos.6507 and 6510 of 2019 in WA(MD)SR.Nos.22258 and 22261 of 2019 Date :13/08/2019 AM/JC/SAR-3/27.08.2019/3P-6C 3/3