The writ petition was dismissed for default proceedings as the petitioner failed to appear despite four successive listings.
The writ petition is dismissed for default / non-prosecution. There shall be no order as to costs.
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.
W.P.[MD]No.1911 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2021 CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.1911 of 2015
P.Ramamoorthy ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by the Principal Secretary to Government, Hindu Religious and Charitable Endowments Department, St.George Fort, Chennai – 09.
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department, Virudhunagar, Virudhunagar District.
3.The Executive Officer,
Office at A/m.Mayranathasami Temple,
Pethavanallur, Rajapalayam,
Rajapalayam Taluk, Virudhunagar District. ... Respondents
P RAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the second respondent vide No.br.K.e.f.vz ; .2061/2006/M3> dated 15.09.2014, and quash the same and consequently direct the respondents to appoint the petitioner as President for the Mahasivarathiri functions of the Arulmigu Sree.Kaliyanandi Ayyanar Temple and Arulmigu Sree Rakkusakthi Amman Temple at Chokkanathanputhur.
For Petitioner : No appearance For Respondents 1 & 2 : Mr.A.Baskaran Additional Government Pleader For Respondent No.3 : Mr.P.Mahendran
O R D E R
Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 15.11.2021, 16.11.2021 & 17.11.2021, which read as follows:
' 15.11.2021:
Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 12.11.2021, which reads as follows:
'Mr.A.Baskaran, learned Additional Government Pleader (State Counsel) for https://hcservices.ecourts.gov.in/hcservices/ respondents 1 and 2 and Mr.P.Mahendran (learned
1/4
W.P.[MD]No.1911 of 2015
Private Counsel) on behalf of the third respondent (Executive Officer of the temple) are before this Court, but there is no representation for the writ petitioner. However, with the intention of giving opportunity to the writ petitioner, Registry to list this matter again on 15.11.2021. Registry to show the name of the State Counsel from the next listing.'
2. The position is no different today. There is no representation for writ petitioner today. There is no representation for the third respondent also. However, with the intention of giving further opportunity to the writ petitioner/writ petitioner's counsel and opportunity to the third respondent, list this matter tomorrow.
3.List on 16.11.2021.
16.11.2021:
Read this in conjunction with and in continuation of proceedings made in the earlier listings on 12.11.2021 and 15.11.2021.
2. The position is no different today. In other words, there is no representation for writ petitioner though Mr.A.Baskaran, learned Additional Government Pleader for respondents 1 and 2 and Mr.P.Mahendran, learned private counsel for third respondent (Executive Officer of the temple) are before this Court.
3. Learned counsel for third respondent expresses regret for not representing the matter yesterday. Learned counsel submits that there was some difficulty at his end.
4. Be that as it may, with the intention of giving further opportunity to the writ petitioner and writ petitioner's counsel, Registry to list this matter tomorrow.
5. List on 17.11.2021.
17.11.2021:
Read this in conjunction with and in continuation of the earlier proceedings made in three previous listings on 12.11.2021 15.11.2021 and 16.11.2021.
2/4
W.P.[MD]No.1911 of 2015
2. The position is no different today. In other words, there is no representation for the writ petitioner, though Mr.A.Baskaran, learned Additional Government Pleader for respondents 1 & 2 and Mr.P.Mahendran, learned private Counsel for third respondent [Executive Officer of the temple] are before this Court.
3. This is the third consecutive successive listing, in which there has been no representation for the writ petitioner. Therefore, the captioned matter shall be listed under the cause list caption 'FOR DISMISSAL' tomorrow.
4. List on 18.11.2021.'
2. Pursuant to aforementioned proceedings dated 17.11.2021, captioned writ petition has been listed today under the cause list caption 'FOR DISMISSAL'. Notwithstanding the captioned writ petition being listed under the caption 'FOR DISMISSAL', the position is no different toady. In other words, there is no representation for the writ petitioner though Mr.A.Baskaran, learned Additional Government Pleader on behalf of respondents 1&2 and Mr.P.Mahendran, learned private Counsel for third respondent (Executive Officer of the temple) are before this Court.
3. Name of the writ petitioner and writ petitioner's Counsel called out thrice in the Court in the physical hearing part as well as on the video conference, but there is no representation.
4. The narrative thus far which captures the trajectory of the captioned matter brings to light that there has been no representation for the writ petitioner in four successive/consecutive listings and this is the fourth successive/consecutive listing, more so under the caption 'FOR DISMISSAL'.
5. Therefore, captioned writ petition is dismissed for default / non-prosecution. There shall be no order as to costs.
Sd/-
Assistant Registrar ()
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
MR
3/4
W.P.[MD]No.1911 of 2015
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.
To
Hindu Religious and Charitable Endowments Department, Virudhunagar, Virudhunagar District.
ORDER MADE IN W.P.[MD]No.1911 of 2015 18.11.2021
RS (08.12.2021) 4P 5C
4/4
P. Ramamoorthy
The State of Tamil Nadu
The Assistant Commissioner, Hindu Religious and Charitable Endowments Department
The Executive Officer, A/mr. Mayranathasami Temple
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
