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Madras High CourtWMP(MD)/18986/2018allowed

V.S.S. Narayanan, v. The Executive Engineer (Wr),

2023-02-14Honourable Mrs Justice S.Srimathy2 pages

WMP(MD) No.18986 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Fourteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice S.SRIMATHY WMP(MD) No.18986 of 2018 IN WP(MD) No.5437 of 2007 V.S.S. NARAYANAN ... WRIT PETITIONER Vs THE EXECUTIVE ENGINEER (WR), PUBLIC WORKS DEPARTMENT, ADAIVINAINAR RESERVOIR PROJECT DIVISION, KUDIYIRUPPU, KUTTRALAM, TENKASI VIA, TIRUNELVELI DISTRICT.

... 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 2602 days in filing the restoration petition to restore the WP(MD)NO.5437 of 2007 which was dismissed for non-prosecution on 21.07.2011 Prayer in WP(MD). 5437/ 2007 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records relating to the Proceedings of the Executive Engineer, Public Works Department (WRO), Adavinainar Kovil Reservoir Project Division, Kudiyiruppu, the respondent herein made in N.No.Kamukkam/Ka.Kaa.2/2000 dated 10.5.2002 quash the same and consequently direct the respondent herein to treat the period of absence from 1.6.1999 to 31.1.2001 as duty and consequently direct the Respondent herein to disburse the arrears of salary due to the applicant in the post of Office Assistant within a short date that may be fixed by this Honourable Court.

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.H.ARUMUGAM, Advocate for the petitioner and of M/S.R.SURESH KUMAR, Additional Government Pleader on behalf of the Respondent, the court made the following order:- This petition is allowed on payment of Rs.2000/-(Rupees Two Thousand Only) by the petitioner to SIDDHA attached to Madurai Bench of Madras High Court on or before 20.02.2023. https://www.mhc.tn.gov.in/judis 1/2

WMP(MD) No.18986 of 2018 On such payment, Registry is directed to number the Restoration petition, if it is otherwise in order and post the case on 21.02.2023.

sd/- 14/02/2023 / TRUE COPY / 16/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

nsr TO THE EXECUTIVE ENGINEER (WR), PUBLIC WORKS DEPARTMENT, ADAIVINAINAR RESERVOIR PROJECT DIVISION, KUDIYIRUPPU, KUTTRALAM, TENKASI VIA, TIRUNELVELI DISTRICT.

COPY TO 1.THE OFFICER IN CHARGE, SIDDHA, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN WMP(MD) No.18986 of 2018 IN WP(MD) No.5437 of 2007 Date :14/02/2023 RK/SBN/SAR-3 (16/02/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2