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Madras High CourtWMP(MD)/15858/2023ordered

Pushpavalli v. The District Collector

2023-08-09Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Ninth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.S.SUNDAR AND The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY in Rev.Aplw(MD)SR.No.57429 of 2023 PUSHPAVALLI ... PETITIONER/PETITIONER Vs 1 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI 2 THE TAHSILDAR THIRUMANGALAM TALUK OFFICE, THIRUMANGALAM, MADURAI DISTRICT 3 THE REVENUE INSPECTOR PANNIKUD PHIRKA, THIRUMANGALAM, MADURAI DISTRICT ... RESPONDENTS/RESPONDENTS Writ Miscellaneous 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 681 days in filing the above appeal filed as against the order dated 06.09.2019 passed in WP(MD).No.19392 of 2019 on the file of this Honble Court. 1/4

Prayer in Rev.Aplw (MD)sr.No.57429 OF 2023:

Pleased to review the judgment dated 06.09.2019 in WP(MD)No. 19392 of 2019 on the file of this Hon'ble Court.

Prayer in WP(MD). 19392/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court calling for the proceedings issued by the 2nd respondent dated 10.07.2019 u/s 6 of the Tamil Nadu Encroachment Act 1905 and quash the same and consequently direct the respondents to issue patta in respect of 4 sq ft of excess land situated at Veerapatti Village, Mathipanoor Post, Thirumangalam Taluk, Madurai District. ORDER : This Writ Miscellaneous 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 V.R.SHANMUGANATHAN, Advocate for the petitioner and of MR.J.ASHOK, Additional Government Pleader on behalf of the Respondents, the court made the following order:- [Order of the Court made by S.S.SUNDAR, J.] This petition is filed to condone the delay of 681 days in filing the above review application.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents.

3. In the affidavit filed in support of this petition, the petitioner has given reasons for the delay. Having regard to the facts and circumstances of the case, this Court finds that the delay could have been avoided by showing due diligence.

4. In such circumstances, considering the fact that the delay is nearly two years, this petition is ordered on condition that the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand Only), within a period of two weeks from the date of receipt 2/4

of a copy of this order, to the credit of Account No.7567821433, Indian Bank, High Court Branch, Madurai in the name of Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books to a Separate Section in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, failing which, this petition shall stand automatically dismissed without further reference to this Court.

5. On compliance of the above said condition, Registry is directed to number the review application, if the papers are otherwise in order and list it for admission in the usual course.

sd/- 09/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PM TO 1 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI 2 THE TAHSILDAR THIRUMANGALAM TALUK OFFICE, THIRUMANGALAM, MADURAI DISTRICT 3 THE REVENUE INSPECTOR PANNIKUD PHIRKA, THIRUMANGALAM, MADURAI DISTRICT 3/4

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

THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE SECTION OFFICER ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE OFFICER INCHARGE, KALAIGNAR CENTENARY LIBRARY MADURAI

ORDER

IN in Rev.Aplw(MD)SR.No.57429 of 2023 Date :09/08/2023 PKP/VRS/SAR-3 /11.08.2023/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4