M.Swaminathan vs The Administrative General And
2022 Latest Caselaw 9297 Mad

                                                                                     O.S.A.No.143 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 12.05.2022

                                                              CORAM :

                           THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
                                              and
                     THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                   O.S.A.No.143 of 2022
                                                            and
                                            C.M.P.Nos.8765, 8767 & 8768 of 2022

                     M.Swaminathan
                     S/o.Mr.Murugaiyan                                                   ... Appellant

                                                                Vs.

                     The Administrative General and
                     Official Trustee of Tamil Nadu
                     High Court Campus
                     Chennai-600 104.                                             ... Respondent

                     Prayer:
                                  Original Side Appeal filed under Order XXXVI of Original Side
                     Rules r/w Clause 15 of the Letters Patent against the order dated 18.02.2022
                     in Application No.179 of 2022 in Application No.9620 of 2019 in
                     O.P.No.109 of 1942.
                                       For Appellant      :      Mr.P.Ravi Shankar Rao
                                                                 for Mr.T.T.Ravichandran
                                       For Respondent     :      Mr.D.Ravichander
                                                                 Special Government Pleader

                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                       O.S.A.No.143 of 2022



                                                        JUDGMENT

(Judgment of the Court was delivered by G.R.SWAMINATHAN ,J.)

Heard the learned counsel appearing for the appellant and the learned

Special Government Pleader appearing for the respondent.

2. The appellant herein questions the order dated 18.02.2022

dismissing Application Nos.176 to 179 of 2022. The learned single Judge

had held that the applications seeking extension of time to comply with the

terms of the Lok Adalat award cannot be entertained by the Court. In our

respectful view, this may not be correct.

3. The learned counsel appearing for the appellant has drawn our

attention to a decision of the Hon'ble Supreme Court in P.T.Thomas Vs.

Thomas Job reported in (2005) 6 SCC 478. The Hon'ble Supreme Court in

the said decision had held that the High Court was not correct in holding

the Court has no jurisdiction to extend the time. It is seen that the Hon'ble

https://www.mhc.tn.gov.in/judis O.S.A.No.143 of 2022

First Bench of this Court to which the learned single Judge was a party, vide

order dated 05.10.2018 in W.P.No.10651 of 2014 and M.P.No.1 of 2014, had

also held that the time stipulated for the Lok Adalat award can be extended.

4. In this view of the matter, the order impugned in this OSA is set

aside and the matter is remanded for passing orders afresh in accordance

with law and on merits.

5. The Original Side Appeal is allowed, accordingly. No costs.

Consequently connected miscellaneous petitions are closed.

[G.R.S, J.] [S.K.R, J.] 12.05.2022

Index: Yes/No Speaking/Non-speaking order ms/mk

To The Administrative General and Official Trustee of Tamil Nadu High Court Campus Chennai-600 104.

https://www.mhc.tn.gov.in/judis O.S.A.No.143 of 2022

G.R.SWAMINATHAN, J.

and SENTHILKUMAR RAMAMOORTHY, J.

ms/mk

O.S.A.No.143 of 2022 and C.M.P.Nos.8765, 8767 & 8768 of 2022

12.05.2022

https://www.mhc.tn.gov.in/judis