← Library
Madras High CourtWMP(MD)/8297/2016allowed

A.Meenakshi Sundaram v. The District Collector

2016-08-19Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Nineteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice B.GOKULDAS WMP(MD) No.8297 of 2016 IN WP(MD) No.2914 of 2014 A.MEENAKSHI SUNDARAM S/O.AZHAGU, NO.18-A, MUTHURAMALINGA THEVAR NAGAR, KARAIKUDI, SIVAGANGAI DISTRICT ... PETITIONER/PETITIONER Vs 1.THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI 2.THE JOINT DIRECTOR OF HEALTH SERVICES, SIVAGANGAI DISTRICT, SIVAGANGAI ... RESPONDENTS/RESPONDENTS Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, praying that in the circumstances stated therein and in the affidavit filed there of the High Court will be pleased to restore the order dated 10.06.2016 in WP(MD) NO.2914 of 2014.

Prayer in WP(MD)No.2914 of 2014:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent No.2 to pay the Petitioner's Pension and other retirement benefits within a period as may be prescribed by this Court.

ORDER : This Writ Miscellaneous Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and material papers and the order of the High Court on 10.06.2016 and upon hearing the arguments of M/S.RM.ARUN SWAMINATHAN, Advocate for the petitioner and of Mr.M.Alagathevan, Special Government Pleader on behalf of the Respondents the Court made the following order:- (Order of the Court was made by K.K.SASIDHARAN, J) Heard the learned Counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/

2.This Petition is to restore the Writ Petition in WP(MD) No.2914 of 2014, which was dismissed for default , on 10.06.2016. 3.The Petitioner, in the affidavit filed in support of the Interlocutory Application, indicated the reasons for the absence of his counsel on the date of hearing.

4.In view of the reasons found mentioned in the affidavit filed in support of the petition, we are inclined to set aside the order dated 10.06.2016.

5.In the result, the present Miscellaneous Petition is allowed. The order dated 10.06.2016 is recalled. The Writ Petition in W.P(MD) No.2914 of 2014 is restored to file.

6.The Registry is directed to post the Writ Petition, on 12.09.2016 , for final disposal.

Sd/- Assistant Registrar(CSI) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI 2.THE JOINT DIRECTOR OF HEALTH SERVICES, SIVAGANGAI DISTRICT, SIVAGANGAI RL/3C/2P/PV/SARIII/6/9/2016 ORDER Date :19/08/2016

ORDER

WMP(MD) No.8297 of 2016 IN WP(MD) No.2914 of 2014 https://hcservices.ecourts.gov.in/hcservices/ GIVING DIRECTIONS AS STATED WITHIN ETC