Dismissed¶36

M.Azaghu, v. The Member

Madras HC8 Jan 2025WP/35379/2019

Case brief

AI extract

What is this about?

Dismissal for default; writ petition dismissed for non-appearance of petitioners; hybrid hearing; absence in physical Court and on video conferencing; 'FOR DISMISSAL' cause list; Article 226 of the Constitution of India; writ of certiorari; SHRC No.10066/2010; order of recommendation dated 04.07.2018; State Human Rights Commission; interim order perishes; no order as to costs; Madras High Court; decision dated 08.01.2025.

What did the court decide?

The captioned writ petition W.P.No.35379 of 2019 and the connected W.M.P.No.36203 of 2019 are dismissed for default on account of the petitioners' continued non-representation in the physical Court and on the Video Conferencing platform on 06.01.2025 and again on 08.01.2025 despite the 'FOR DISMISSAL' listing. ¶36

M.Azaghu, Vs The Member — Writ and Judicial Review | Madras HC (2025)

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W.P.No.35379 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.01.2025

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CORAM:

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THE HON'BLE MR. JUSTICE M. SUNDAR AND

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THE HON'BLE MR. JUSTICE K. RAJASEKAR

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W.P.No.35379 of 2019 and W.M.P. No.36203 of 2019

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M. Azhagu

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Dhamu Petitioners

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vs.

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The Member State Human Rights Commission Thiruvarangam No.143, P.S. Kumarasamy Raja Salai Greenways Road, Chennai 600 028

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The Principal Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St. George Chennai 600 009

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The Principal Secretary to Government Commercial Taxes and Registration Department Secretariat, Fort St. George Chennai 600 009

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D. Karunamoorthy Respondents

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records in respect of order of recommendation dated 04.07.2018 passed in SHRC No.10066/2010 issued by the first respondent and to quash the same.

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For petitioners No appearance For R1 Mr. K.V. Sajeev Kumar For RR 2 & 3 Mr. V. Ravi Special Government Pleader For R4 No appearance

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

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1/4

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ORDER

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(made by M.SUNDAR. J.]

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W.P.No.35379 of 2019

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This order will now dispose of the captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) and the captioned WMP thereat.

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This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 06.01.2025 which reads as follows:

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'W.P. No.35379 of 2019 and W.M.P. No.36203 of 2019

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M.SUNDAR,J., and K.RAJASEKAR, J.,

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(Order of the Court was made by M.SUNDAR, J.)

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There is no representation for writ petitioner either in physical Court or on VC (video conferencing) platform. To be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court.

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2. Be that as it may, Mr.K.V.Sajeev Kumar, learned counsel for R1 (SHRC) is before us in the physical Court.

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3. With the intention of giving opportunity to the writ petitioner and learned counsel for writ petitioner, list on 08.01.2025 under the cause list caption 'FOR DISMISSAL'.

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

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2/4

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W.P.No.35379 of 2019

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The position is no different today. In other words, there is no representation for the writ petitioners either in the physical Court or on the Video Conferencing platform. To be noted, this is a hybrid hearing which is a daily/regular/routine feature in this Court.

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However, Mr. Sajeev Kumar, learned counsel for R1 and

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Mr.V.Ravi, learned Special Government Pleader for RR 2 and 3 are before us.

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In the light of the narrative thus far, captioned WP and captioned WMP thereat are dismissed for default. Though obvious, we make it clear that interim order that is operating now perishes as captioned WMP is also dismissed for default. There shall be no order as to costs.

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[M.S., J.] [K.R.S., J.] 08.01.2025 Index: Yes/No N.C. : Yes/No cad

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

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W.P.No.35379 of 2019

M. SUNDAR, J.

and