Madras High CourtCMP(MD)/9507/2018allowed

P.Athimuthu Nadar v. The Commissioner

2024-07-22Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice K.Rajasekar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Second day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA AND The Hon`ble Mr.Justice K. RAJASEKAR CMP(MD). No.9507 of 2018 IN W.A(MD)NO.867 of 2018 P.Athimuthu Nadar ... Appellant Vs 1 The Commissioner Department of Hindu Religious and Charitable Endowment Board Chennai-34 2 The Joint Commissioner, Hindu Religious and Charitable Endowment Board Tirunelveli 3 Vivekanandan 4 Jayaraj, 5 Manickadurai 6 Ponrangan 7 Thamarai Pushpam ... Respondents Prayer :- Civil Miscellaneous Petition filed under section 151 of Civil Procedure Cord to restore the above said WA(MD) No.867 of 2018 in which it has been dismissed for default on 28.6.2018 on the file of this Honble Court. Prayer in W.A(MD)NO.867 of 2018:- Writ Appeal filed under Section 15 of Letters Patent Act, against the order passed in W.P.(MD)No.2640 of 2016 dated 08.02.2016.

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. V. Raji Rufus, Advocate for the Appellant and of Mr. A. Kannan, Additional Government Pleader for the respondents 1 and 2, and none appeared either in person or by Advocate for the Respondents 3rd to 7, this Court made the following order:

This Civil Miscellaneous Petition is filed seeking to restore the Writ Appeal in W.A.(MD).No.867 of 2018, which was dismissed for default on 28.06.2018.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the Writ Appeal is hereby restored.

Sd/- Assistant Registrar ( CS-III ) // True Copy // /08/2024 Sub Assistant Registrar (CS - I/ II / III / IV)

TO 1 The Commissioner Department of Hindu Religious and Charitable, Endowment Board, Chennai-34 2 The Joint Commissioner, Hindu Religious and Charitable, Endowment Board, Tirunelveli Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 22/07/2024 ========================== RESTORE ========================== CMP(MD). No.9507 of 2018 IN W.A(MD)NO.867 of 2018 RE (27.08.2024) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.