The District Educational Officer v. J Chitiraiselvi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Eighth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN AND The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in W.A(MD)SR.No.61582 of 2024

1. The District Educational Officer, Vallioor, Tirunelveli District.

2. The Block Elementary Educational Officer, Vallioor, Tirunelveli District.

.. Petitioners/Appellants Vs 1 J. Chitiraiselvi, BT Assistant, St.Joseph Middle School, Kizhavaneri-627117 Radhapuram Taluk Tirunelveli District 2 The Correspondent St.Joseph Middle School, Kizhavaneri-627117 Radhapuram Taluk, Tirunelveli District.

... Respondents/Respondents Prayer :- Civil Miscellaneous Petition filed under Section 5 of Limitation Act to Condone the dealy of 274 days in filling the impugned order dated 12.10.2023 1/4

passed in W.P(MD) No.20153/2022 until the disposal of the writ appeal and thus render justice.

Prayer in W.A(MD)SR.No.61582 of 2024:- This Petition filed under clause 15 of Letters Patent to set aside the order dated 12.10.2023 passed in W.P.(MD)No.20153 of 2022. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. D. Sachi Kumar, Additional Government Pleader for the Petitioner and of M/s. T. Pon Ramkumar, Advocate for the 1st respondent, this Court made the following order:

(Order of the Court was made by P.VELMURUGAN,J) "This Petition is filed to condone the delay of 274 days in filing the above Writ Appeal as againt the order of this Court made in WP(MD)No.20153 of 2022, dated 12.10.2023.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.By order, dated 01.10.2024, this Court ordered notice for the second respondent with a direction to pay batta within three days. However a perusal of the cause-list shows that the Petitioners have not taken effective steps to serve Court notice on the second respondent and proof not filed for service of private 2/4

notice. Hence, for non-compliance of the order of this Court, this Petition is dismissed for default."

Sd/- Assistant Registrar (CO) // True Copy // /11/2024 Sub Assistant Registrar (CS - I, II, III, IV) vsn TO

1. The Secretary to Government, School Education Department, Fort St.George, Chennai.

2. The Director of Elementary Educational Officer, College Road, DPI Campus, Chennai-6.

3. The District Educational Officer, Vallioor, Tirunelveli District.

4. The Block Elementary Educational Officer, Vallioor, Tirunelveli District.

+ 1c.c. To Govt. Pleader, SR.No.61455.

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Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 28/10/2024 ==========================

ORDER

========================== in W.A(MD)SR.No.61582 of 2024 Giving direction and etc.

as stated within.

SL(06.11.2024)/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4