The Chairman Cum Managing Director v. Pushpavalli
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mr.Justice P. DHANABAL in WA(MD) SR.No.85029 of 2023 1 THE CHAIRMAN CUM MANAGING DIRECTOR, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., (TANGEDCO) 144, ANNA SALAI, CHENNAI 600 002.
2 THE SUPERINTENDING ENGINEER TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD., (TANGEDCO) 3 THE EXECUTIVE ENGINEER, O/O. THE EXECUTIVE ENGINEER OFFICE, SIVAGANGAI ELECTRICITY DISTRIBUTION, SIVAGANGAI.
... PETITIONERS/APPELLANTS Vs 1 PUSHPAVALLI 2 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, (CRIME NO.546 OF 2019) 1/4
3 THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF TAMIL NADU, CHENNAI.
4 THE DISTRICT COLLECTOR, ... RESPONDENTS/RESPONDENTS Civil Miscellaneous 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 328 days in filing this Writ Appeal against the order dated 22.11.2022 in W.P.(MD).No.9627 of 2020.
Prayer in WA(MD) SR.No.85029 of 2023 :
To allow the Writ Appeal and set aside the order dated 22.11.2022 in W.P.(MD) No.9627 of 2020.
Prayer in WP(MD). 9627/ 2020 :
To issue a WRIT OF MANDAMUS or any other writ or order in the nature of writ directing the Respondents No 1 to 3 to pay a sum of Rs. 50,00,000/- (Fifty Lakhs only) by way of compensation for electrocution to the Petitioners bedridden son namely Vinoth aged 23 years, within a stipulated time that may be fixed by this Hon`ble 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.P.MALINI, Advocate for M/S.AGAM LEGAL for the petitioner and of MR.R.GANESH PRABHU, Advocate on behalf of the 1st Respondent and MR.VEERANTHIRAN, Government Advocate on behalf of the 2nd Respondent and MR.S.P.MAHARAJAN, Special Government Pleader on behalf of the Respondent Nos.3 & 4, the court made the following order:- (Order of the Court was made by D.KRISHNAKUMAR, J.) This petition is filed to condone the delay of 328 days in filing the W.A.[MD] SR.No.85029 of 2023.
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2.The petitioners have filed a better affidavit before this Court explaining the reasons for condoning the delay.
3.We have carefully gone through the explanations as stated in the said affidavit filed by the petitioners.
4.Eventhough the learned Counsel for the respondents objected for condoning the delay, this Court is satisfied with the detailed reasons stated in the affidavit filed in support of this petition for condoning the delay. 5.Accordingly, this petition is allowed and the delay of 328 days in filing the appeal is condoned on payment of Rs.2,000/- to the first respondent. However, learned Counsel for the first respondent insisted that the cost of Rs.2000/- is inadequate and requested this Court to impose heavy cost on the petitioners. 6.Accepting the request made by the learned Counsel for the first respondent, this Court imposes a cost of Rs.5000/- payable to the first respondent within a period of two [2] weeks from today [ie.,04.03.2024]. sd/- 04/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, 2 THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF TAMIL NADU, CHENNAI.
3 THE DISTRICT COLLECTOR, +1 CC to M/s.P.MALINI, Advocate ( SR-2764[I] dated 05/03/2024 ) ORDER IN in WA(MD) SR.No.85029 of 2023 Date :04/03/2024 RS/VR/SAR-(07.03.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4