The Principal Secretary v. Athipathi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fifth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mrs.Justice L. VICTORIA GOWRI IN WA(MD) No.1436 of 2024 1 THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, STATE OF TAMILNADU, SECRETARIAT, FORT ST.GEORGE, CHENNAI - 600 009.
2 THE COMMISSIONER REHABILITATION AND WELFARE OF NON-RESIDENT TAMILS, CHEPAKKAM, CHENNAI - 600 009.
3 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, MADURAI DISTRICT.
... Petitioners / Appellants Vs ATHIPATHI ... Respondent / Respondent Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to modify 1/4
the order passed in W.A.(MD) No.1436 of 2024 dated 21.08.2024 in para no.2 and 3 and pleased to remove the adverse remarks and the costs imposed by this Honourable Court.
Prayer in WA(MD) No.1436 of 2024:
To set aside the order passed in WP(MD) No.9068 of 2015 dated 21.08.2023 by allowing the writ appeal.
Prayer in WP(MD). 9068/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of mandamus, directing the Respondents to pay Rupees 10,00,000/- compensation to Petitioner s family members for the death of her daughter by name Saranya aged 11 years, she died due to demolition of Thiruvadavur refugees camp house on 12.05.2014 within the time stipulated by this Honourable Court.
ORDER : This civil 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 Mr.P.T.THIRAVIYAM, Government Advocate for the petitioners and of Mr.R.ALAGUMANI, Advocate on behalf of the Respondent, the Court made the following order:- (Order of the Court was made by R.SUBRAMANIAN, J.) It is the claim of the respondent / writ petitioner that the cost has not been paid.
2.
We find from the Letter No.7630/RH-III/2023-6, dated 03.10.2024 that the Secretary to Government, Public (RH-III) Department, Chennai, has sought for a week's time to sanction the payment. Hence, the time granted for payment of the cost is extended upto 11.11.2024.
3.
Post on 11.11.2024 for compliance.
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4.
There are no grounds for modification of the order passed in the writ appeal. Hence, this petition for modification is dismissed. sd/- 25/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
BALA To 1 THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, STATE OF TAMILNADU, SECRETARIAT, FORT ST.GEORGE, CHENNAI - 600 009.
2 THE COMMISSIONER REHABILITATION AND WELFARE OF NON-RESIDENT TAMILS, CHEPAKKAM, CHENNAI - 600 009.
3 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, MADURAI DISTRICT.
ORDER
IN IN WA(MD) No.1436 of 2024 Date :25/10/2024 3/4
ED/ MMS /SAR- (05/11/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4