R.Balasubramaniam v. The Secretary To The Govt.Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.DURAISWAMY and The Hon`ble Mr.Justice K.MURALI SHANKAR IN WA(MD) SR.No.65560 of 2019 R.BALASUBRAMANIAM ... PETITIONER/APPELLANT Vs 1 THE SECRETARY TO THE GOVT.OF TAMILNADU, EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.
2 THE DIRECTOR OF SCHOOL EDUCATION, DPI BUILDING, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI-600 009.
3 THE DISTRICT EDUCATIONAL OFFICER, TRICHY.
4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, MANAPPARAI, TRICHY DISTRICT. ... RESPONDENTS/RESPONDENTS 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 716 days in representation of the WA.SR(MD) No.65560 of 2019 on the file of this Honourable Court. PRAYER IN WA(MD) No.65560 of 2019:
To allow the above writ appeal thereby set-aside the order dated 06.08.2019 passed in W.P.(MD) No.4899 of 2014 on the file of this Hon'ble Court.
Prayer in WP(MD). 4899/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records of the 3rd respondent in his proceedings L.Dis.6403/A1/2012 dated 22.4.2013 and quash the same direct the 3rd respondent to consider the application afresh considering the petitioner's application and appoint Writ petitioner on compassionate ground.
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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 M/S.B.PRAHALAD RAVI, Advocate for the petitioner and of Mr.P.THILAK KUMAR, Government Pleader on behalf of the Respondents, the Court made the following order:- (Order of the Court was made by M.DURAISWAMY,J) There is a delay of 716 days in representing the papers. 2.Though the petitioner has explained the reasons for the delay in paragraph No.3 of the affidavit filed in support of the petition, since the delay is on the higher side, we are of the considered view that the delay can be condoned on payment of costs. 3.Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents submitted that the delay may be condoned on payment of costs.
4.Accordingly, the delay of 716 days in representing the papers is condoned on condition that the petitioner paying a sum of Rs.3,000/- (Rupees Three Thousand Only) as costs to the Madurai Bench of Madras High Court Advocates Welfare Fund (Current Account No.7087208431, Indian Bank, Madurai High Court Branch, IFSC Code No.IDIB000H040) within a period of two weeks from the date of receipt of a copy of this order, failing which, the petition shall stand dismissed automatically without further reference to the Court.
5.Accordingly, the petition is ordered.
sd/- 20/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SECRETARY TO THE GOVT.OF TAMILNADU, EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.
2 THE DIRECTOR OF SCHOOL EDUCATION, DPI BUILDING, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI-600 009.
3 THE DISTRICT EDUCATIONAL OFFICER, TRICHY.
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4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, MANAPPARAI, TRICHY DISTRICT.
COPY TO:
THE OFFICER INCHARGE, ADVOCATE WELFARE FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN WA(MD) SR.No.65560 of 2019 Date :20/10/2021 SS/TR/SAR-III/25.10.2021 : 3P/6C 3/3