The High Court of Madras dismissed a condonation of delay petition and rejected the underlying Writ Appeal for non-prosecution, as the petitioner failed to appear on the specified date.
Petition dismissed for non-prosecution and Writ Appeal rejected.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 12.01.2022
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
C.M.P.No.19738 of 2021 in W.A.(SR).No.45029 of 2019
D.Subramanian
... Petitioner
Vs.
1.The Secretary, Co-operative, Food and Consumer Protection Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009.
2.The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai – 600 010.
3.The General Manager, Divisional Office, Tamil Nadu Civil Supplies Corporation, Thiruvarur. ... Respondents
Petition filed under Section 5 of the Limitation Act to condone the delay of 79 days in filing the Writ Appeal in W.A. (SR).No.45029 of 2019.
W.A.(SR).No.45029 of 2019 filed to set aside the order dated 30.10.2018 in W.P.No.29502 of 2014.
Prayer in W.P.No.29502 of 2014 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records in Letter (Standing) No.94/A1/2014 dated 19.9.2014 on the file of the 1st respondent and consequential order in Na.Ka.No.P3/9588/2010 dated 24.9.2014 on the file of the 3rd respondent and quash the same and directing the respondents to enroll the petitioner in the muster of Seasonal employees under the category of Bill Clerk with Seniority.
Petitioner : No Appearance For Respondents : Mr.U.Bharanidharan, Additional Government Pleader
O R D E R
(Order of the Court made by M.DURAISWAMY, J.)
When the matter was listed for hearing on 03.01.2022, the learned counsel for the petitioner submitted that he has given change of vakalat and handed over the papers to the petitioner for engaging some other counsel. Recording the submission made by the learned counsel for the petitioner, the Registry was directed to verify whether any counsel had filed change of vakalat on behalf of the petitioner. If so, to print the name of the counsel who had filed change of vakalat, if not, to print the name of the petitioner in the cause list on the next date of hearing. Accordingly, the matter was listed on 10.01.2022. When the matter was listed on 10.01.2022 printing the name of the petitioner, none appeared for him, hence, the Registry was directed to list the matter under the caption “for dismissal” on 12.01.2022. Though the matter was listed under the caption “for dismissal”, today also, none appeared for the petitioner. Hence, this Court has no other option except to dismiss the petition for non-prosecution. Accordingly, the petition in C.M.P.No.19738 of 2021 is dismissed for non-prosecution. Consequently, the Writ Appeal in W.A.(SR).No.45029 of 2019 is rejected. No costs.
Sd/-
Assistant Registrar (CCC)
//True Copy//
Sub Assistant Registrar
va
1.The Secretary, Co-operative, Food and Consumer Protection Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2.The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai – 600 010.
3.The General Manager / Senior Regional Manager, Divisional Office, Tamil Nadu Civil Supplies Corporation, Thiruvarur.
Copy to:
The Sub Assistant Registrar, AE Section, High Court, Madras.
C.M.P.No.19738 of 2021 in W.A.(SR).No.45029 of 2019
GPL (CO) PR (07/02/2022)
D. Subramanian
The Secretary, Co-operative, Food and Consumer Protection Department, Government of Tamil Nadu
The Managing Director, Tamil Nadu Civil Supplies Corporation
The General Manager, Divisional Office, Tamil Nadu Civil Supplies Corporation
M. Duraiswamy
J. SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
