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Madras High CourtCMP(MD)/8348/2024delay condoned

The State Of Tamilnadu v. S Malaichamy

2024-11-18Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.S.RAMESH and The HONOURABLE DR. JUSTICE A.D.MARIA CLETE IN WA(MD) No.SR42632 of 2024 1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY, REVENUE DEPARTMENT, ST. GEORGE FORT, CHENNAI 600 009.

2 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI 3 THE TAHSILDAR NORTH TALUK OFFICE, MADURAI 4 THE TAHSILDAR MADURAI EAST TALUK, EAST TALUK OFFICE, Y.OTHAKADAI, MADURAI ... PETITIONERS/APPELLANTS Vs 1/4

S.MALAICHAMY ... RESPONDENT/RESPONDENT 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 1890 days, in filing the above Writ Appeal as against the order dated 20.03.2019 passed by this Honourable Court in WP(MD). No.15271 of 2017. Prayer in WA(MD) No.SR42632 of 2024 :

To set aside the order dated 20.03.2019 made in WP(MD)No.15271 of 2017 on th file of this Hon'ble Court by allowing the Writ Appeal. Prayer in WP(MD). 15271/ 2017 :

To issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent, in his proceedings in Na.Ka.No.59137/17/G1 dated 28.03.2017 and quash the same as illegal and consequently direct the respondents to refix the pension of the petitioner by considering petitioners entire period of service i.e. from 07.09.1972 to 31.08.2013, on par with the various judgments made by this Court and further direct the respondents to sanction the petitioner's full pensionary benefits to the petitioner within the time fixed by this Court.

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 MR.S.SHAJI BINO, Special Government Pleader for the petitioner and of MR.S.SRIKANTH, Advocate on behalf of the Respondent, the court made the following order:- Having been satisfied with the reasons stated in the accompanying affidavit filed in support of the petition, this petition is allowed and the delay is condoned on payment of a sum of Rs.5,000/- (Rupees five thousand only) to be payable by the appellants as cost to the private respondent herein. After payment of the cost to the respondent, the Government is at liberty to recover the said sum of Rs.5,000/- from 2/4

the officials, who were responsible for the delay in preferring the present appeal. sd/- 18/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RR TO 1 THE SECRETARY, STATE OF TAMILNADU REVENUE DEPARTMENT, ST. GEORGE FORT, CHENNAI 600 009.

2 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI 3 THE TAHSILDAR NORTH TALUK OFFICE, MADURAI 4 THE TAHSILDAR MADURAI EAST TALUK, EAST TALUK OFFICE, Y.OTHAKADAI, MADURAI.

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ORDER

IN IN WA(MD) No.SR42632 of 2024 Date :18/11/2024 RS/GSV/SAR-(22.11.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4