The Madurai Bench of Madras High Court dismissed a writ petition filed for quashing a municipal notice due to the petitioner's non-appearance and failure to prosecute the matter despite repeated opportunities.
The writ petition, M.P(MD).Nos. 1 and 2 of 2015 were dismissed for default/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.
W.P.[MD]No.2534 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.2534 of 2015 and M.P(MD).Nos.1 and 2 of 2015
Mohammed Durai : Petitioner
Vs.
The Commissioner, Sengottai Municipality, Sengottai, Tirunelveli District. : Respondent
P RAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records relating to the impugned notice dated 17.02.2015 made in Na.Ka.No.937/2014/A1 issued by the respondent and quash the same.
For Petitioner : No appearance For Respondent : Mr.P.Athimioolapandian, Standing Counsel
O R D E R
Read this in conjunction with and in continuation of earlier proceedings made in previous listings on 25.11.2021, 29.11.2021, 30.11.2021 and 01.12.2021 which read as follows: Proceedings dated: 25.11.2021:
' Mr.P.Athimoolapandian, learned Standing Counsel for lone respondent [Sengottai Municipality] is ready but there is no representation for the writ petitioner.
2. With the intention of giving opportunity to the writ petitioner and writ petitioner's Counsel, Registry to list this matter again on Monday.
3.List on 29.11.2021.'
Proceedings dated: 29.11.2021:
'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 25.11.2021. The position is no different today, in other words, Mr.P.Athimoolapandian, learned Standing Counsel https://hcservices.ecourts.gov.in/hcservices/ for lone respondent (Sengottai Municipality) is before
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W.P.[MD]No.2534 of 2015
this Court and learned counsel is ready but there is no representation for writ petitioner, with the intention of giving further opportunity to the writ petitioner and writ petitioner's counsel, Registry to list this matter again tomorrow.
2. List on 30.11.2021.'
Proceedings dated: 30.11.2021:
'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 25.11.2021, the position is no different today. In other words, there is no representation for writ petitioner, with the intention of giving further opportunity to the writ petitioner and writ petitioner's counsel, Registry to list this matter again tomorrow.
2. List on 01.12.2021.'
Proceedings dated: 01.12.2021:
' Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 25.11.2021, 29.11.2021 and 30.11.2021.
2. The position is no different today. In other words, there is no representation for the writ petitioner today also. However, Mr.P.Athimoolapandian, learned Standing Counsel for Sengottai Municipality is before me on behalf of the lone respondent.
3. With the intention of giving another but peremptory opportunity to the writ petitioner and the writ petitioner's Counsel, Registry to list this matter again tomorrow under the caption 'FOR DISMISSAL'.
4.List on 02.12.2021 under the cause list caption 'FOR DISMISSAL'. '
2.Pursuant to the proceedings made in the previous listings on 01.12.2021, captioned matter has been listed under the cause list caption 'FOR DISMISSAL'. Notwithstanding such listings, there is no representation for the writ petitioner today also. However, Mr.P.Athimoolapandian, learned Standing Counsel (Sengottai Municipality) for the lone respondent in the captioned writ petition is before me today also.
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W.P.[MD]No.2534 of 2015
3.This Court, in view of the trajectory the matter has taken and the proceedings in the previous listings which have been set out supra, is convinced that adequate and ample opportunity has been given to the writ petitioner but the writ petitioner has not come forward to pursue the captioned writ petition.
4.The sequitur is captioned writ petition is dismissed for default / non-prosecution. There shall be no order as to costs. Consequently, connected M.Ps are also dismissed.
Assistant Registrar (CO)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
pkn
To
The Commissioner, Sengottai Municipality, Sengottai, Tirunelveli District.
W.P.[MD]No.2534 of 2015
02.12.2021
RS (09.12.2021) 3P 2C
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Mohammed Durai
The Commissioner, Sengottai Municipality
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
