Madras High CourtWMP(MD)/23078/2019ordered

D.Maheswari v. The District Collector

2020-02-03Honourable Mrs Justice J. Nisha Banu2 pages

WMP(MD) No.23078 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Third day of February Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice J.NISHA BANU WMP(MD) No.23078 of 2019 IN WP(MD) No.18829 of 2013 D.MAHESHWARI ... PETITIONER/PETITIONER Vs 1 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI.

2 THE DISTIRCT PROJECT OFFICER, INTERGATED CHILD DEVELOPMENT SCHEME, SIVAGANGAI.

3 THE CHILD DEVELOPMENT SCHEME OFFICER, KALAIYARKOVIL, SIVAGANGAI DISTRICT.

4 ANGALESWARI ...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 88 days to file petition for set aside the order dated 9.8.2019, passed by this Hon'ble Court. Prayer in WP(MD). 18829/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus,calling for the records relating to the impugned order passed by the 1st respondent in Se.Mu.Na.Ka.No.1193/A1/2012 dated 5.11.2013 and quash the same as unconstitutional, illegal and unlawful and further direct the 1st respondent to appoint the petitioner as Anganvadi worker in Purasadai Udaippu Children Centre in Sivagangai District. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.MOHAN, Advocate for the petitioner and of Mr.S.DHAYALAN, Government Advocate for R1 to R3, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Heard.

1/2

WMP(MD) No.23078 of 2019 This petition has been filed by the petitioner seeking to condone the delay of 88 days in filing a petition to set aside the dismissal order dated 09.08.2019, made in W.P(MD)No.18829 of 2013, which was dismissed for non-prosecution on 09.08.2019. 2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

4.In the event of payment of cost, the Registry is directed to number the restoration petition, if it is otherwise in order and list the same for hearing.

sd/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI.

2 THE DISTIRCT PROJECT OFFICER, INTERGATED CHILD DEVELOPMENT SCHEME, SIVAGANGAI. 3 THE CHILD DEVELOPMENT SCHEME OFFICER, KALAIYARKOVIL, SIVAGANGAI DISTRICT.

COPY TO:

THE AUTHORITY OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN WMP(MD) No.23078 of 2019 IN WP(MD) No.18829 of 2013 Date :03/02/2020 SMN TK/PN/SAR.3/06.02.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2