The petitioner failed to appear after receiving a registered notice despite prior court-ordered cure opportunities. On the merits being deemed waived, the High Court dismissed the writ petition for non-prosecution.
Writ petition dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 10TH DAY OF OCTOBER 2012/18TH ASWINA 1934
WP(C).No. 15873 of 2004 (M)
PETITIONER(S):
K.A. GIRIJA, RETD. PROFESSOR, AGRICULTURAL UNIVERSITY, GOPALAKRISHNA APARTMENTS, MANCHIRA ROAD, GURUVAYOOR.
BY ADVS. SRI.P.SANJAY, SMT.A.PARVATHI MENON.
RESPONDENT(S):
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE COMPTROLLER,
KERALA AGRICULTURAL UNIVERSITY,
3. KERALA AGRICULTURAL UNIVERSITY,
4. STATE OR ORISSA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
5. THE PRINCIPAL,
GOVERNMENT WOMEN'S COLLEGE, BERHAMPUR, ORISSA.
R1 & R5 BY GOVT. PLEADER
R2 & R3 BY ADV. SRI.N.D.PREMACHANDRAN, SC, AGRL. UNTY.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
P.R.RAMACHANDRA MENON, J.
W.P.(C) NO. 15873 of 2004 (M)
Dated this the 10th day of October, 2012
JUDGMENT
Though urgent 'notice before admission' was ordered by this
Court on 27.05.2004, the service is still to be completed in respect of the respondents 4 and 5. The learned counsel for the petitioner submits that, after availing the opportunity given by this Court to cure the defects at different points of time, notice by registered post was sent to the petitioner, but there is no response. In the said circumstance, this Court reasonably presumes that the petitioner has lost interest in the cause of action. Accordingly, the writ petition is dismissed for non prosecution.
sd/-
P.R.RAMACHANDRA MENON, JUDGE
AMV
1 issue framed by the court
Whether the writ petition should be dismissed due to non-prosecution by the petitioner.
K.A. Girija
State of Kerala
Comptroller, Kerala Agricultural University
Kerala Agricultural University
State of Orissa
Principal, Government Women's College, Berhampur
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
