Madras High CourtCMP(MD)/8901/2021dismissed as infructuous

The District Superintendent Of Police v. Mageswary

2022-10-27Honourable Mr Justice K.Murali Shankar2 pages

C.M.P.(MD).No.8901 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Seventh day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALISHANKAR C.M.P.(MD).No.8901 of 2021 in C.M.A.(MD).No.238 of 2021 1 THE DISTRICT SUPERINTENDENT OF POLICE, DISTRICT SUPRINTENDENT OF POLICE, THENI DISTRICT.

2 THE CHIEF SECRETARY, TAMILNADU CHIEF SECRETARY OFFICE, ST.GEORGE FORT, BENCH ROAD,CHENNAI. ... PETITIONERS/PETITIONERS/APPELLANTS Vs 1 MAGESWARY 2 PRIYATHARSHINI, 3 MINOR.KARITHICKA, (MINOR 3rd PETITIONER THROUGH THEIR MOTHER AND NEXT FRIEND 1st PETITIONER HEREIN) 4 JOTHI BASU, 5 R.KALIAMMAL, ... RESPONDENTS/RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extend the time for further period of three months to comply with the order of this Hon`ble Court made in CMP(MD).No.2013/221 in CMA (MD).No.238/2021 dated 07/04/2021.

Prayer in CMA(MD). 238/ 2021 :

To Set aside the decree and judgment passed in M.C.O.P.No.107 of 2019 dated 14/02/2020 on the file of the Motor Accidents Claims Tribunal Cum Additional District Judge(FTC), Theni and allow the Civil Miscellaneous Appeal.

https://www.mhc.tn.gov.in/judis 1/2

C.M.P.(MD).No.8901 of 2021 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.N.MUTHUVIJAYAN, Special Government Pleader for the petitioners and of MR.A.ARUMUGAM, Advocate for t he 1st Respondent and of MR.J.JEYAKUMARAN, Advocate on behalf of the 4th Respondent,the court made the following order:- This Civil Miscellaneous Petition has been filed seeking orders to extend the time for further period of three months for complying with the order of this Court in C.M.P.(MD)No.2013 of 2021 in C.M.A. (MD)No.238 of 2021 dated 07.04.2021.

2. When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the petitioners would submit that 50% of the award amount was already deposited to the credit of M.C.O.P.No.107 of 2019 on the file of the Motor Accident Claims Tribunal / Additional District Judge (FTC), Theni on 19.01.2022. He would further submit that this extension application was filed on 28.09.2021 and since the amount was already deposited, this petition has become infructuous.

3. Recording the submission made by the learned Special Government Pleader appearing for the petitioners, this Civil Miscellaneous Petition is dismissed as infructuous. sd/- 27/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE (FTC), MOTOR ACCIDENTS CLAIMS TRIBUNAL, THENI.

ORDER

IN C.M.P.(MD).No.8901 of 2021 in C.M.A.(MD).No.238 of 2021 Date :27/10/2022 csm PKP/SSS/SAR-2/01.11.2022/2P/2C https://www.mhc.tn.gov.in/judis 2/2