R. Kamalhasan, v. The District Collector,
CMP(MD) No.10774 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.MAHADEVAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD CMP(MD) No.10774 of 2022 in CMA(MD)SR.No.53161 of 2017 1 R. KAMALHASAN, 2 V. JOTHI, 3 V. PONNAMBALAM, 4 P. BALAJI, 5 P. KAMALAM, 6 P. AKILANDESWARI, 7 P. BHUVANESWARI, ... PETITIONER/APPELLANTS Vs 1 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, TIRUCHIRAPPALLI.
2 THE SPECIAL DISTRICT REVENUE OFFICER, LAND ACQUISTATION, NATIONAL HIGHWAYS, TIRUCHIRAPPALLI.
3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PIU-TIRUCHY, TIRUCHIRAPPALLI. ... RESPONDENTS/RESPONDENTS 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 1703 days in re-presenting the above Civil Miscellaneous Appeal in C.M.A.(MD).SR.No.53161/2017. PRAYER IN CMA(MD)SR.NO.53161 of 2017:
Pleased to set aside the fair and decretal order dated 27.07.2017 made in Ar.O.P.No. 5 of 2016 on the file of the Court of the Principal District Judge, Tiruchirappalli and allow the Civil Miscellaneous Appeal.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and https://www.mhc.tn.gov.in/judis 1/2
CMP(MD) No.10774 of 2022 upon hearing the arguments of M/S J.MARIA ROSELINE, Advocate for the petitioner, the court made the following order:- The civil miscellaneous petition is filed to condone the delay of 1703 days in representing the above Civil Miscellaneous Appeal.
2. Heard Ms.Maria Roseline, learned counsel appearing for the petitioners.
3. Though the learned counsel for the petitioners submitted that the delay occurred owing to COVID - 19 pandemic, in order to give opportunity to the petitioners/appellants to contest the case on merits, this Court is inclined to allow the petition on payment of costs.
4. Accordingly, this petition is ordered and the delay of 1703 days in representing the Civil Miscellaneous Appeal is condoned on condition that the petitioners shall pay a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of the Hon'ble The Chief Justice's Relief Fund, payable at Madurai Bench of Madras High Court, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall automatically be dismissed without further reference to Court. On payment of costs as stated above, the Registry is directed to number the Civil Miscellaneous appeal, if the papers are otherwise in order and list it for hearing in the usual course.
sd/- 30/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE PRINCIPAL DISTRICT JUDGE, TIRUCHIRAPPALLI.
COPY TO THE SECTION OFFICER, ACCOUNTS SECTION (CHIEF JUSTICE'S RELIEF FUND) MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.
ORDER
IN CMP(MD) No.10774 of 2022 in CMA(MD)SR.No.53161 of 2017 pkn Date :30/11/2022 PKP/BUC/SAR-2/06.12.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2