The Secretary To The Government v. K.Saravanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mr.Justice R.VIJAYAKUMAR in WA(MD)SR.No.89614 of 2023 1 THE SECRETARY TO THE GOVERNMENT, GOVERNMENT OF TAMILNADU, REVENUE DEPARTMENT, FORT.ST.GEORGE, CHENNAI-600 009 2 THE JOINT DIRECTOR REVENUE ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI-600 005 3 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR - 626002.

4 PERSONAL ASSISTANT TO THE COLLECTOR (GENERAL), VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 626 002 5 THE DISTRICT REVENUE OFFICER VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 626 002 ... PETITIONERS/APPELLANTS Vs K.SARAVANAN ... RESPONDENT/RESPONDENT 1/5

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 145 days in filing the Writ Appeal against the order passed in WP(MD) No. 27212 of 2019 dated 12.06.2023.

PRAYER in WA(MD)SR.No.89614 of 2023:

Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 12.06.2023 in WP(MD)No.27212 of 2019 on the file of the Hon'ble High Court. Prayer in WP(MD). 27212/ 2019 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order Mu.Mu.A2/17359/19 dated 15.07.2019, issued by the third respondent/The District Collector, Virudhunagar District and quash the same as illegal and consequently direct him to give relaxation in Tamilnadu Ministerial Service Special Rules, Rule 30(b) r/w Annexure - IV and applying the power given in Section-58 in Tamil Nadu Government Servants (Service Rules) Act 2016 to relax the Special Rules-30(c) of Tamil Nadu Ministerial Service Special Rules and accordingly to keep him above the junior in the list of the Promotional Panel for the year 2016, Letter No.A.2/PDL.31/2016 dated 05.07.2016, within the stipulated time as fixed by this Court.

ORDER : This Civil Miscellaneous 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.T.AMJAD KHAN, Government Advocate for the petitioners and of Mr.C.MASILAMANI, Advocate on behalf of the Respondents, 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 145 days in filing the W.A.SR. (MD)No.89614 of 2023.

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2. The learned counsel for the respondent has not raised serious objection for allowing this application.

3.We have gone through the entire affidavit filed in support of this application. The reasons stated in the affidavit are not acceptable. However, considering the request made by the learned counsel for the petitioners, this petition can be allowed on payment of Rs.1,000/- (Rupees One Thousand only). The said amount shall be paid to the credit of the Environmental Fund Operated by Member Secretary, Tamil Nadu State Legal Services Authority [Account No.6656485009; IFSC Code: IDIB000H040, High Court Branch, Chennai] within a period of one week from the date of receipt of a copy of this order.

4.List the matter next week for reporting compliance. sd/- 26/03/2024 / TRUE COPY / /04/2024 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 SECRETARY TO THE GOVERNMENT, GOVERNMENT OF TAMILNADU, REVENUE DEPARTMENT, FORT.ST.GEORGE, CHENNAI-600 009 2 THE JOINT DIRECTOR REVENUE ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI-600 005 3 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR - 626002.

4 PERSONAL ASSISTANT TO THE COLLECTOR (GENERAL), VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 626 002 5 THE DISTRICT REVENUE OFFICER VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 626 002 COPY TO:

THE MEMBER SECRETARY, ENVIRONMENTAL FUND, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, CHENNAI 4/5

ORDER

IN in WA(MD)SR.No.89614 of 2023 Date :26/03/2024 SS/JGB/SAR- /02/04/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5