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Madras High CourtWP/21721/2004dismissed for default

Union Of India Rep.By v. The Presiding Officer,

2023-01-23Honourable Mrs Justice J. Nisha Banu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.01.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU and W.P.M.P.No.26244 of 2004 Union of India rep. by the General Manager, Southern Railway Chennai - 600 003.

.... Petitioner vs

1. The Presiding Officer, Central Government Labour court, Chennai.

2. R.Dhanalakshmi, Legal Heir of Late V.Raman C/o Thiru.S.Bakthvatsalu,T.U.Official, 51, Muthamman Street,Chennai-23.

.... Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Cetiorari to call for the records of the impugned order dated 16.10.2003 in C.P.No.52 of 1995 from the files of the Hon'ble central Government Labour Court, Chennai and quash the same. For Petitioner : Mr.M.Vijay Anand For respondents : R1-Court R2-Batta due

O R D E R

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When the matter was taken up on 22.06.2021, the learned counsel for the petitioner sought time to file batta with regard to the second respondent and hence, it was adjourned to 22.07.2021. Again, when the matter was taken up on 22.07.2021, it was seen that no steps have been taken as regards the 2nd respondent and this Court extended the time till 23.08.2021 for filing fresh batta and also permitted to take private notice. Thereafter, at the request of the learned counsel for the petitioner, several adjournments have been granted and finally, on 04.01.2023, the matter was directed to be posted under the caption 'for orders' on 23.01.2023. Even today, when the matter is taken up, it is seen from the records that batta was due and the counsel who represents the learned counsel for the petitioner seeks time to take substitute service as the private notice sent to the 2nd respondent was returned.

2. From the above, it could be seen that though several opportunities have been given to the petitioner, till date no steps have been taken by the petitioner to file batta. The writ petition is of the year 2004. Therefore, this Court is of the view that the petitioner is not interested in prosecuting the case. Hence, this Writ petition is dismissed for default. No costs. Consequently, connected miscellaneous petition is closed.

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Speaking/Non-speaking order vsi To The Presiding Officer, Central Government Labour court, Chennai.

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J.NISHA BANU,J.

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