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Madras High CourtCMP(MD)/15431/2024allowed

The Secretary To The Government v. K.Suruliraj

2025-03-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fifth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MRS. JUSTICE J.NISHA BANU and The HONOURABLE MRS. JUSTICE S.SRIMATHY C.M.P.(MD)Nos.15431 to 15434 of 2024 in W.A.(MD)Nos.SR 77691 to 77694 of 2024

1. The Secretary to the Government, Revenue Departmet, St.George Fort, Chennai 600 009.

2. The Secretary to the Governm Ent, Finance Department, St.George Fort, Chennai 9.

3. The District Collector, Virudhunagar District, Virudhunagar.

4. The Tahsildar Srivilliputhur Taluk, ... Petitioner in CMP(MD).Nos 15431 to 15434 of 2024 - Vs. -

1. K.Suruliraj S/o. Kalimuthu, P.W.D.Kudiyiruppu, Pilavukkal Anai, Srivilliputhur Taluk, ... Respondent/Writ Petitioner in CMP(MD). 15431/ 2024

1. K.Sethuraman S/o. Kuppakaruppa Thevar, 159/35a,Melappalayam South Street, Watrap,Srivilliputhur Taluk, ... Respondent/Writ Petitioner in CMP(MD). 15432/ 2024 1/4

1. K.Koodalingam S/o. Koodalingam, North Street, Iianthaikulam Post, Srivilliputhur Taluk, ... Respondent/Writ Petitioner in CMP(MD). 15433/ 2024

1. S.Marichamy S/o. Late. Subba Naidu, 1B1, Vellalar Vadakku Theru, Watrap, Srivilliputhur Taluk, ... Respondent/Writ Petitioner in CMP(MD). 15434/ 2024 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.M.Ajmal Khan Additional Advocate General assisted by Mr.M.Sarangan, Advocate for the petitioner in all cases ,the court made the following order:- These petitions are filed to condone the delay of 2324, 2376, 2376 and 2376 days, respectively in filing the above Writ Appeals. 2.The reasons stated for not filing the appeals in time are that after receiving the order copy, the Department has preferred the appeal in the year 2018 itself in W.A.SR Nos.42777 to 42779 of 2018.

Thereafter, the Registry has returned the papers with some queries. Thereafter, lock down has been announced in view of Covid-19. At that time, the said bundle was taken by the employee under the Government Pleader. However, without returning the case bundle, he died. The efforts of the Government Pleader office to find out the bundle were went in vain.

Therefore, the petitioners have preferred these appeals afresh with such huge delay. 3.Heard the learned Additional Advocate General for the petitioners and the learned counsel for the respondent in all these petitions. 4.Being satisfied with the reasons stated in the affidavits filed in support of these petitions and taking into consideration that the respondents in all these petitions have got no objection to condone the delay, this Court is inclined to condone the delay of 2324, 2376, 2376 and 2376 days, respectively, however, on payment of costs.

5.Accordingly, these petitions are allowed and the delay is condoned on payment of Rs.2,000/- (Rupees Two Thousand only), each to the High Court Legal Services Committee attached to this Bench forthwith on receipt of a copy of this order, failing which these petitions will be dismissed automatically without any further reference to this Court.

Sd/- 20/03/2025 // True Copy // /04/2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Secretary to the Government, Revenue Departmet, St.George Fort, Chennai 600 009.

2. The Secretary to the Governm Ent, Finance Department, St.George Fort, Chennai 9.

3. The District Collector, Virudhunagar District, Virudhunagar.

4. The Tahsildar Srivilliputhur Taluk, +1. C.C. to M/S.GOVERNMENT PLEADER Advocate SR.No.3509

ORDER

IN C.M.P.(MD)Nos.15431 to 15434 of 2024 in W.A.(MD)Nos.SR 77691 to 77694 of 2024 Date :25/03/2025 MGJ/05.04.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4