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Madras High CourtCMP(MD)/7756/2019ordered

The District Educational Officer v. A.Rexline Stella

2020-07-13Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice P. Rajamanickam2 pages

CMP(MD) No.7756 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of July Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mr.Justice P.RAJAMANICKAM CMP(MD) No.7756 of 2019 in WA(MD)SR.57904 of 2019 1 THE DISTRICT EDUCATIONAL OFFICER, TIRUCHENDUR, TUTICORIN DISTRICT.

2 THE BLOCK EDUCATIONAL OFFICER-II, SATHANKULAM UNION, TUTICORIN DISTRICT.

... PETITIONERS/ APPELLANTS Vs 1 A.REXLINE STELLA ... RESPONDENT/ RESPONDENT 2 THE CORRESPONDENT, R.C.MIDDLE SCHOOL, NEDUNGULAM, TUTICORIN DISTRICT- 628 704.

... RESPONDENT/ RESPONDENT 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 348 days in filing the above appeal filed as against the order dated 01.08.2018 in WP(MD)No.17016 of 2018, on the file of this Honourable Court.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mrs.S.SRIMATHY, Special Government Pleader for the petitioners and of Mr.A.AJITH GEETHAN, Advocate for R1, and R2 not appeared either in person or by an Advocate, the court made the following order:- Heard the submission of Mrs.S.Srimathi, learned Special Government Pleader appearing for the petitioners/ official respondents and Mr.A.Ajith Geethan, learned counsel appearing for the first respondent/ writ petitioner. Though the name of the second respondent has been printed in the cause list, there is no representation on behalf.

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CMP(MD) No.7756 of 2019 A perusal of the affidavit would disclose a delay of one year had occurred on account of the administrative reasons and though the petition is strongly opposed by the first respondent/ writ petitioner, this Court is of the view that the delay in filing is to be allowed by putting the petitioner on terms. In the result, the petition is ordered and the delay is condoned on condition that the petitioners shall pay a sum of Rs.3,500/- (Rupees Three Thousand Five Hundred only), in favour of the Registrar(Judicial), Madurai Bench of Madras High Court, for the purchase of Thermal Thermometer. The cost shall be paid on or before 27.07.2020 and on the payment of the cost, the learned counsel for the petitioners/ appellants shall file a memo to the Registry. If the papers are otherwise in order, Registry shall number the appeal and list if for admission.

Print the name of Mr.A.Ajith Geethan, learned counsel appearing for the first respondent.

sd/- 13/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT EDUCATIONAL OFFICER, TIRUCHENDUR, TUTICORIN DISTRICT.

2 THE BLOCK EDUCATIONAL OFFICER-II, SATHANKULAM UNION, TUTICORIN DISTRICT.

COPY TO:

THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.7756 of 2019 in WA(MD)SR.57904 of 2019 Date :13/07/2020 MS/VR/SAR-3/14.07.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2