The State Of Tamilnadu v. P.B.Vinoth
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Ninth day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mr.Justice P.RAJAMANICKAM in W.A(MD).SR.No.81171 of 2019 1 THE STATE OF TAMILNADU REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, FORT. ST.GEORGE, CHENNAI- 009.
2 THE JOINT DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI- 006.
3 THE CHIEF EDUCATIONAL OFFICER, KANYAKUMARI DISTRICT, NAGERCOIL-001.
4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY,KANYAKUMARI DISTRICT.
...PETITIONERS/ APPELLANTS Vs 1 P.B.VINODH 2 THE SECRETARY, DEVASWOM HIGHER SECONDARY SCHOOL, MONDAIKADU- 252, KANYAKUMARI DISTRICT.
... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 395, days in filing the Writ Appeal against the order dated 03.08.2018 made in W.P.(MD) No.17168 of 2018 on the file of this Hon'ble Court.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mrs.S.SRIMATHY, Special Government Pleader for the petitioners and of Mr.S.XAVIER RAJINI, Advocate for R1 and Mr.H.THAYUMANASWAMY, Advocate for R2, the court made the following order:- 1/3
(Order of the Court was made by M.SATHYANARAYANAN,J.) Heard the submissions of Mrs.Srimathy, learned Special Government Pleader, appearing for the appellants/petitioners, Mr.S.Xavier Rajini, learned Counsel appearing for the first respondent and Mr.H.Thayumanaswamy, learned Counsel appearing for the second respondent.
2. Though this petition is strongly opposed by the learned Counsel appearing for the respondents, this Court, on going through the affidavit filed in support of this petition, especially, paragraph No.20, is inclined to allow this petition by putting the petitioners on terms.
3. In the result, this Civil Miscellaneous Petition is ordered and the delay of 395 days is condoned on condition that the petitioners shall pay a sum of Rs.3,000/- (Rupees Three Thousand only), to the Additional Registrar General i/c [The Registrar (Judicial)], Madurai Bench of Madras High Court, for the improvement of amenities etc., of this Court, within a period of two weeks from today and also file a memo to that effect. On such filing of the Memo, if the papers are otherwise in order, the Registry shall number this appeal and list if for admission.
4. Print the name of Mr.S.Xavier Rajini, learned Counsel appearing for the first respondent and Mr.H.Thayumanaswamy, learned Counsel appearing for the second respondent.
sd/- 09/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE SECRETARY, THE STATE OF TAMILNADU DEPARTMENT OF SCHOOL EDUCATION, FORT. ST.GEORGE, CHENNAI- 009.
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2 THE JOINT DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI- 006.
3 THE CHIEF EDUCATIONAL OFFICER, KANYAKUMARI DISTRICT, NAGERCOIL-001.
4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY,KANYAKUMARI DISTRICT.
COPY TO:
THE ADDITIONAL REGISTRAR GENERAL I/C [THE REGISTRAR (JUDICIAL)], MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.11642 of 2019 IN W.A(MD).SR.No.81171 of 2019 Date :09/09/2020 MS/VR/SAR-2/14.09.2020/3P.6C 3/3