The Director General Of Police v. S.Suresh Kumar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirtieth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.MAHADEVAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD IN WA(MD) No.SR19383 of 2017 1 THE DIRECTOR GENERAL OF POLICE, KAMARAJAR SALAI, DIRECTOR GENERAL OF POLICE CHENNAI - 600 004.
2 THE CHAIRMAN THE TAMIL NADU UNIFORMED SERVICE RECRUITMENT BOARD, NO.807, PTP CHENGALVARAYAR NAYAKKAR MAZHIGAI, CHENNAI-2.
... PETITIONER/APPELLANTS Vs S.SURESH KUMAR ... RESPONDENT/RESPONDENT 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 1463 days in filing the above Writ Appeal. Prayer in WA(MD)SR.No.19383 of 2017 :
To set aside the order dated 26.03.2013 in WP(MD)No.10539 of 2012 on the file of this Hon'ble Court and allow this Writ Appeal. Prayer in WP(MD). 10539/ 2012 :
To issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records relating to the proceedings in Na.Ka.No.519/113807/Appointment (2)/2011 on the file of the first Respondent and quash the same as illegal and consequently direct the first Respondent to select and appoint the Petitioner as a Constable Grade II.
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 MR.S.P.MAHARAJAN, Special Government Pleader for the petitioners and of Mr.D.Selvaraj, Advocate on behalf of the Respondent, the court made the following order:- 1/3
The civil miscellaneous petition is filed to condone the delay of 1463 days in filing the above writ appeal. 2.Heard Mr.S.P.Maharajan, learned Special Government Pleader, appearing for the petitioners and Mr.D.Selvaraj, learned counsel for the respondent.
3.Learned counsel for the respondent opposed this petition on the ground that the petitioners/appellants have not given satisfactory explanation for condoning the huge delay of 1463 days and prays for dismissal of this petition.
4.Though administrative reason has been cited to condone such a huge delay of 1463 days, 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. Accordingly, this petition is ordered and the delay of 1463 days in filing the Writ Appeal is condoned on condition that the petitioner 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 writ appeal, if the papers are otherwise in order and list it for hearing in the usual course.
sd/- 30/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DIRECTOR GENERAL OF POLICE, KAMARAJAR SALAI, DIRECTOR GENERAL OF POLICE CHENNAI - 600 004.
2 THE CHAIRMAN THE TAMIL NADU UNIFORMED SERVICE RECRUITMENT BOARD, NO.807, PTP CHENGALVARAYAR NAYAKKAR MAZHIGAI, CHENNAI-2.
COPY TO 1 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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2 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN WA(MD) No.SR19383 of 2017 Date :30/09/2022 pkn RS/SBN/SAR.1(11.10.2022) 3P-5C 3/3