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Madras High CourtWMP(MD)/16554/2018ordered

Tmt. Usha Rani v. The State Transport

2018-08-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU WMP(MD) No.16554 of 2018 IN WP(MD) No.14646 of 2010 USHA RANI ... PETITIONER/PETITIONER Vs 1 THE STATE TRANSPORT APPELLATE TRIBUNAL, CHENNAI.

2 THE REGIONAL TRANSPORT AUTHORITY, PUDUKKOTTAI.

3 S.MANOHARAN, PROPRIETOR, KAMALAM TRANSPORT, 6 262/1 DR. NO.6, NEW STREET, THIRUGOKARNAM, PUDUKKOTTAI. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 2582 days in filing the petition to restore the WP(MD)NO.14646 of 2010 as against the 3rd respondent. Prayer in WP(MD).14646/2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction in the nature of a writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 2nd respondent in Ref.51666/B2/009 dated /04/2010 quash the same and direct the 2nd respondent to grant mini bus permit to the petitioner for the route Pudukottai Thilagar Thidal to Mangudi Panchayat Board office Kovilpatti, Palaniyappan Nagar, Balan Nagar, Rajavayal, Vadamalappur, Ellaipatti, Sellugudi, Sirunjunai, Mettupatti and Marayapatti based on the directions of the 1st respondent. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.RAVEEKUMAR, Advocate for the petitioner and of MR.D.MURUGANANDAN, Additional Government Pleader for R1 & R2,the court made the following order:- This petition has been filed to condone the delay of 2582 days https://hcservices.ecourts.gov.in/hcservices/

in filing an application for restoration of the writ petition in W.P.(MD)No.14646 of 2010, as against the third respondent, which was dismissed for default on 02.08.2011.

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.1000/- (Rupees One Thousand only) to "Chief Justice Relief Fund", within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered. Registry is directed to number the restoration petition, immediately after showing proof of payment and list the restoration petition on 06.09.2018. sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE STATE TRANSPORT APPELLATE TRIBUNAL, CHENNAI.

2 THE REGIONAL TRANSPORT AUTHORITY, PUDUKKOTTAI.

COPY TO :

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN WMP(MD) No.16554 of 2018 IN WP(MD) No.14646 of 2010 Date :28/08/2018 PK/RR/SAR-1/03.09.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/