The Chairman, v. Maria Vironicam,
CMP(MD) No.6883 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty First day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mr.Justice P.RAJAMANICKAM CMP(MD) No.6883 of 2016 IN WA(MD) No.SR21970 of 2014 1 THE CHAIRMAN, TEACHERS RECRUITMENT BOARD, 4th FLOOR, E.V.K.SAMPATH MALIGAI, COLLEGE ROAD, CHENNAI.
2 THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI-06. ... PETITIONERS/APPELLANTS Vs MARIA VIRONICAM ... 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 280 days in filing the Writ Appeal against the order of the Hon'ble Court in WP(MD) No.5467 of 2009, dated 10.04.2013.
PRAYER IN WA(MD) No.SR21970 of 2014:
To allow the above writ appeal by setting aside the order passed by the Hon'ble Madurai Bench of Madras High Court, in WP(MD) No.5467 of 2009 dated 10.04.2013.
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.V.R.SHANMUGANATHAN, Advocate for the petitioners and of MR.B.BRIJESH KISHORE, Advocate on behalf of the Respondent, the court made the following order:- (Order of the Court was made by M.SATHYANARAYANAN,J.) Heard the submissions of Mr.V.R.Shanmuganathan, learned Counsel appearing for the petitioners/appellants/official respondents and Mr.B.Brijesh Kishore, learned Counsel appearing for the sole respondent.
2. This petition is strongly opposed by the respondent by submitting that there is non-compliance of the order and also no https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.6883 of 2016 explanation has been offered and as such, it cannot be condoned. This Court taking into consideration the facts and circumstances and on going through the affidavit filed in support of this petition, especially, paragraph No.9, is inclined to allow this petition by putting the petitioners on terms.
3. In the result, this Civil Miscellaneous Petition is ordered and the delay is condoned on condition that the petitioners shall pay a sum of Rs.3,000/- (Rupees Three Thousand only), to the respondent within a period of two weeks from today and also file a memo to that effect. On such filing of the Memo, if the papers are otherwise in order, the Registry shall number this appeal and list if for admission.
4. Print the name of Mr.B.Brijesh Kishore, learned Counsel appearing for the sole respondent.
sd/- 21/09/2020 / 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.
TO 1 THE CHAIRMAN, TEACHERS RECRUITMENT BOARD, 4th FLOOR, E.V.K.SAMPATH MALIGAI, COLLEGE ROAD, CHENNAI.
2 THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI-06.
ORDER
IN CMP(MD) No.6883 of 2016 IN WA(MD) No.SR21970 of 2014 Date :21/09/2020 pkn JM/VR/SAR III/23.09.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2