Madras High Court
R.Udayakumar vs The National Institute Of ... on 15 April, 2021
W.A.(MD)No.790 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.04.2021
CORAM :
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD) No.790 of 2021
R.Udayakumar,
Asst.Professor in Mechanical
Engineering,
BITS, Pilani-Dubai Campus,
Duabi, U.A.E.
Represented by his Power of Attorney
Mrs.U.Suganthi.
... Petitioner
Vs
1. The National Institute of Technology,
Rep. by its Board of Governors,
Tiruchirappalli - 620 015.
2. The Director,
National Institute of Technology,
Tiruchirappalli.
3. The Registrar,
National Institute of Technology,
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W.A.(MD)No.790 of 2021
Tiruchirappalli - 620 015. ... Respondents
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 07.10.2020, passed in W.M.P(MD).No.15693 of 2019 in W.P.(MD)
No.4104 of 2008.
For Appellant : Mr.S.Kadarkarai
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.S.Kadarkarai, learned Counsel appearing for the
appellant-writ petitioner.
2. This writ appeal is directed against the order dated 07.10.2020,
passed in W.M.P(MD).No.15693 of 2019 in W.P.(MD) No.4104 of 2008,
by which, the miscellaneous petition seeking for condonation of delay of
2033 days in filing the restoration petition was rejected.
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W.A.(MD)No.790 of 2021
3. On going through the impugned order, we find that the learned
Writ Court is right in making the observation that the appellant was
employed in BITS, Pilani-Dubai Campus and he had filed the petition
through Power of Attorney given to his wife.
4. The learned Writ Court after considering all the factors dismissed
the writ petition on the ground that the delay is enormous, unexplained and
cannot be condoned.
5. The learned Counsel for the appellant had pointed out various
documents to us which have been filed in the typed set of papers to show as
to the bonafide of the appellant. In any event as found by the Writ Court, the
appellant was gainfully employed in abroad and the present litigation itself
sought by him through his Power Agent and wife and therefore, we find no
ground to interfere with the impugned order.
6. However, we are conscious of the fact that the learned Writ Court
has made certain observation against the Counsel, which we feel should be
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W.A.(MD)No.790 of 2021
deleted. Accordingly, while dismissing this writ appeal, all observations and
findings made against the learned counsel for the appellant in the order of
the learned Writ Court, including the pleadings, stand vacated.
7. The writ appeal stands dismissed. No Costs.
(T.S.S.,J.) (S.A.I.,J.)
15.04.2021
Index : Yes/No
Internet : Yes/No
pkn
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
To
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http://www.judis.nic.in
W.A.(MD)No.790 of 2021
1. The Board of Governors,
National Institute of Technology,
Tiruchirappalli - 620 015.
2. The Director,
National Institute of Technology,
Tiruchirappalli.
3. The Registrar,
National Institute of Technology,
Tiruchirappalli - 620 015.
W.A.(MD) No.790 of 2021
15.04.2021
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http://www.judis.nic.in
