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Madras High CourtWP/23183/2008dismissed for nonprosecution

R.Ravi v. The State Of Tamil Nadu

2021-08-13Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.No.23183 of 2008 R.Ravi Steno Typist (Selection Grade) O/o. The Senior Electrical Inspector Corporation Commercial Complex Dr.Nanjappa Road, Coimbatore - 641 016.

... Petitioner -Vs.- 1.The State of Tamil Nadu Rep. by its Secretary to Government Energy Department Fort St. George, Chennai-9.

2.The Chief Electrical Inspector to Government Thiru.Vi.Ka.Industrial Estate Guindy, Chennai-600 032.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the proceedings of the second respondent passed in Memo.No.17895/E2/2006 dated 19.2.2007 and quash the same with the consequential direction, directing the respondents to confer monetary benefits by fixing and revising the Scale of pay in the post of Steno Typist Grade-II of the petitioner deemed to have been upgraded and filled up as per G.O.Ms.No.256 P&A.R. Department dated 1.8.1992 and G.O.Ms.No.284 P&A.R. Department dated 19.8.1992 and in the light of proposal of the second respondent dated 25.8.1993.

For Petitioner :

No appearance For Respondents :

Mr.C.Selvaraj Government Advocate

O R D E R

Captioned writ petition is listed under the cause list caption 'FOR DISMISSAL' today.

2. Read this in conjunction with and in continuation of earlier proceedings made in last five listings on 04.08.2021, 05.08.2021, 06.08.2021, 10.08.2021 and 12.08.2021 which read as follows:

Proceedings dated 04.08.2021:

'There is no representation for the writ petitioner though name of writ petitioner and writ petitioner's counsel are duly shown in the cause list.

2. However, Mr.C.Selvaraj, learned State counsel on behalf of both the respondents (official respondents) is before this Virtual Court.

3. With the intention of giving opportunity to writ petitioner and writ petitioner's counsel, list this matter tomorrow i.e., 05.08.2021.'

Proceedings dated 05.08.2021:

Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 04.08.2021 which reads as follows: 'There is no representation for the writ petitioner though name of writ petitioner and writ petitioner's counsel are duly shown in the cause list.

2. However, Mr.C.Selvaraj, learned State counsel on behalf of both the respondents (official respondents) is before this Virtual Court.

3. With the intention of giving opportunity to writ petitioner and writ petitioner's counsel, list this matter tomorrow i.e., 05.08.2021.'

2. The position is no different today. In other words, there is no representation for sole writ petitioner though name of writ petitioner and writ petitioner's counsel are duly shown in the cause list.

3. However, Mr.C.Selvaraj, learned State counsel on behalf of both respondents (official respondents) is before this Virtual Court.

4. With the intention of giving further opportunity to writ petitioner and writ petitioner's counsel, list this matter tomorrow (06.08.2021).

Proceedings dated 06.08.2021:

'Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 04.08.2021 and 05.08.2021.

2. Though there was no representation in the previous two listings, Mr.V.Ravikumar, learned counsel for writ petitioner, who is before this Virtual Court today, submits that he has already given change of vakalat sometime back. Registry to verify if any new counsel has entered appearance and show the name of the new counsel if the vakalatnama is in order. If that not be so, though the name of the writ petitioner is shown in the cause list today, Registry is directed to show the name of the writ petitioner together with full/complete address in the next listing.

List on 10.08.2021.'

Proceedings dated 10.08.2021:

'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 06.08.2021.

2. This Court is informed that no new counsel has filed change of vakalat and pursuant to earlier proceedings, name of the writ petitioner together with full/complete address is shown in the cause list, but there is no representation.

With the intention of giving opportunity to the writ petitioner, list this matter day-after-tomorrow i.e., 12.08.2021.'

Proceedings dated 12.08.2021:

'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 10.08.2021.

2. In the light of the earlier listings and the proceedings therein, Registry to list this matter under the caption 'FOR DISMISSAL' on 13.08.2021.'

3. The above proceedings are dovetailed qua the trajectory the matter has taken and reasons as to why the matter is listed under the cause list caption 'FOR DISMISSAL' today.

4. Notwithstanding the matter being listed under the cause list caption 'FOR DISMISSAL' today, the position is no different today. In other words, there is no representation for writ petitioner, but Mr.C.Selvaraj, learned State counsel is before this Virtual Court on behalf of both respondents.

5. The sequitur of the narrative thus far is, the writ petitioner has not pursued the matter diligently. Therefore, the Writ Petition is dismissed for default/non-prosecution. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mk To 1.The State of Tamil Nadu Rep. by its Secretary to Government Energy Department Fort St. George, Chennai-9.

2.The Chief Electrical Inspector to Government Thiru.Vi.Ka.Industrial Estate Guindy, Chennai-600 032.

+1cc to the Government Pleader, S.R.No.40740 W.P.No.23183 of 2008 PL(CO) RLP(03/09/2021)