The Block Development Officer v. Veerasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CMP(MD)No.17471 of 2023 in SA(MD)SR.No.93506 of 2023 1 THE BLOCK DEVELOPMENT OFFICER MADHUKKUR, HAVING OFFICE AT PANCHAYAT UNION, MADHUKKUR, PATTUKKOTTA TALUK AND MUNSIFI, THANJAVUR DISTRICT.

2 STATE OF TAMILNADU REPRESENTED BY ITS DISTRICT COLLECTOR, THANJAVUR, HAVING HIS OFFICE AT COLLECTORATE, TRICHY ROAD, THANJAVUR TOWN AND MUNSIFI ... PETITIONERS/APPELLANTS Vs VEERASAMY ... RESPONDENT/RESPONDENT 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 331 days in filing the second appeal against the judgement and decree dated 17.10.2022 passed in A.S.No.26 of 2018 on the file of the III Additional District Judge, Pattukkottai confirming the judgment and decree dated 27.11.2017 passed in O.S.No.26 of 2010 on the file of the Subordinate Judge, Pattukottai. 1/4

PRAYER IN SA(MD)SR.No.93506 of 2023:

To set aside the judgment and decree dated 17.10.2022 in A.S.No.26 of 2018 on the file of the III Additional District Judge Pattukkotai modifying the judgment and decree dated 27.11.2017 made in O.S.No.26/2010 on the file of Subordinate Court, Pattukkottai.

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 M/S.N.MUTHUVIJAYAN, Special Government Pleader for the petitioners and of MR.A.SENTHILKUMAR, Advocate on behalf of the Respondent, the court made the following order:- This Petition is filed to condone the delay of 331 days in filing the Second Appeal before this Court.

2. Heard on either side and perused the materials available on record.

3. I have perused the affidavit filed in support of the petition. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

4. This petition is allowed on condition that the petitioners shall pay the cost of Rs.500/- (Rupees Five Hundred only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State 2/4

Bank of India, Periyakulam Branch) , on or before 08.03.2024.

5. On such payment being made, Registry is directed to number the appeal and post the matter on 08.03.2024.

sd/- 05/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS-I / II/ III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

ksa TO 1.THE III ADDITIONAL DISTRICT JUDGE, PATTUKKOTTAI 2.THE SUBORDINATE JUDGE, PATTUKKOTTAI.

COPY TO 1.THE SUB ASSISTANT REGISTRAR(AE), AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM 3/4

ORDER

IN CMP(MD)No.17471 of 2023 in SA(MD)SR.No.93506 of 2023 Date :05/03/2024 RK/VR (06/03/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4