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Madras High CourtCMP(MD)/4944/2024ordered

N. Vellaichamy v. The Secretary To Government

2024-04-22Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice G.Arul Murugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Second day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice G. ARUL MURUGAN in W.A.[MD]SR.No.44184 of 2023 N. VELLAICHAMY ... PETITIONER/PETITIONER Vs 1 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT , SECRETARIAT, FORT.ST.GEORGE, CHENNAI.

2 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI.

3 THE DISTRICT REVENUE OFFICER SIVAGANGAI DISTRICT, SIVAGANGAI.

4 THE TAHSILDAR THIRUPPATHUR TALUK, SIVAGANGAI DISTRICT.

... RESPONDENTS/RESPONDENTS 1/4

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 444 days in filing of the main Writ Appeal against the order passed in WP(MD) No.20453 of 2018 dated 04.02.2021, on the file of this Honourable Court and pass such other orders as this Honourable Court may deem fit and thus render justice. PRAYER IN W.A.[MD]SR.No.44184 of 2023:

To call for the records pertaining to order passed in WP(MD)No.20453 of 2018 dated 04.02.2021 on the file of the Hon'ble Single Judge of this Hon'ble Court and set aside the same by allowing this Writ Appeal.

Prayer in WP(MD). 20453/ 2018 :

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 compensation of Rs.3,00,000 to the petitioner and directing the 1st respondent to take necessary action against the erring officials for illegal demolition of petitioners compound wall situated in Survey No.697/1 of Vanchinipatti Village, A.Thekkur Village Group, Thiruppathur Tk., Sivagangai Dt. by considering the petitioners representation dated 26.06.2018.

ORDER : This 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 M/S.S.AYYANAR PREMKUMAR, Advocate for the petitioner and of MR.S.SHAJI BINO, Special Government Pleader on behalf of the Respondents the court made the following order:- (Order of the Court was made by R.SURESH KUMAR, J.) This petition is filed to condone the delay of 444 days in filing the W.A.[MD] SR.No.44184 of 2023.

2.Heard both sides.

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3.Though the reason of Covid-19 has been stated in the affidavit filed in support of this petition, even after Covid-19 since there has been a long delay, we feel that this condone delay petition can be allowed only on terms. 4.Accordingly, this Civil Miscellaneous Petition is allowed on condition that the petitioner pays a sum of Rs.5000/- [Rupees Five Thousand only] as cost to the respondents through the learned Special Government Pleader. sd/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mr TO 1 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT , SECRETARIAT, FORT.ST.GEORGE, CHENNAI.

2 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI.

3 THE DISTRICT REVENUE OFFICER SIVAGANGAI DISTRICT, SIVAGANGAI.

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4 THE TAHSILDAR THIRUPPATHUR TALUK, SIVAGANGAI DISTRICT.

COPY TO MR.S.SHAJI BINO, SPECIAL GOVERNMENT PLEADER MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-4719[I] dated 23/04/2024) ORDER IN in W.A.[MD]SR.No.44184 of 2023 Date :22/04/2024 RK/GS (25/04/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4