The Commissioner v. Pechiyammal

CMP(MD) No.6268 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of August Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mr.Justice P.RAJAMANICKAM CMP(MD) No.6268 of 2019 in WA(MD)SR.No.51594 of 2019 1.THE COMMISSIONER, TRICHIRAPPALLI CITY CORPORATION, TRICHY DISTRICT.

2.THE ASSISTANT COMMISSIONER, ARIYAMANGALAM DIVISION, TRICHURAPPALLI CITY CORPORATION, TRICHIRUPPALLI. ... APPELLANTS/PETITIONERS Vs PECHIYAMMAL ... RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay 292 of days in filing the Writ Appeal against the order dated 23.08.2019 made in W.P.(MD).No.18271 of 2018 on the file of this Hon`ble Court.

PRAYER IN WA(MD)SR.No.51594 of 2019:

Pleased to set aside the order passed in WP(MD)No.18271 of 2018 dated 23.08.2018.

PRAYER IN WP(MD)No.18271 of 2018 :

Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records of the first respondent proceedings Na.Ka.253/2018/C1 (centre) dated 20.01.2018 and quash the same as illegal and direct the first respondent to give employment to the petitioner on compassionate ground for the death her mother. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6268 of 2019 the arguments of Mr.N.S.KARTHIKEYAN, Advocate for the Appellants and of Mr.S.MUTHUKRISHNAN, Advocate on behalf of the Respondent, the court made the following order:- (Order of the Court was made by M.SATHYANARAYANAN,J.) This Court heard the submission of Mr.N.S.Karthikeyan, learned counsel appearing for the petitioners/appellants and Mr.S.Muthukrishnan, learned counsel appearing for the respondent and perused the affidavit filed in support of this petition especially, paragraph No.7 and the delay appears to be administrative in nature.

2. According to the learned counsel for the petitioners, the appellants are having good case on merits and this Court, taking into consideration the above facts and circumstances, is inclined to order the petition by putting the petitioners on terms.

3. In the result, the Civil Miscellaneous Petition is ordered and the delay is condoned subject to the condition that the petitioners/appellants shall jointly pay a sum of Rs.5,000/- (Rupees Five Thousand only), to the respondent within a period of one week from today and send a communication to the Registry through e-mail and on receipt of the same, if the papers are otherwise in order, the Registry is directed to number the appeal and print the name of Mr.S.Muthukrishnan, learned counsel for the respondent at the time of listing the matter for admission.

sd/- 19/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

ORDER

IN CMP(MD) No.6268 of 2019 in WA(MD)SR.No.51594 of 2019 Date :19/08/2020 AKV TK/JC/SAR.3/21.08.2020/2P/1C https://hcservices.ecourts.gov.in/hcservices/ 2/2