R. Lakshmanan v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2021
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.No.27405 of 2008 K.Lakshmanan S/o.Kesavaraman ... Petitioner -Vs.- 1.The Chief Engineer (General) Highways, Chepauk, Chepauk-5.
2.The Joint Chief Engineer (Administrative) Highways, Chepacuk, Chepauk-5.
3.The Superintending Engineer Highways, Madurai-2.
4.The Divisional Engineer Highways, Ramanathapuram.
.... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in proceedings No.34866/A5(1)/2007 dated 28.08.2008 and quash the same as illegal, incompetent and without jurisdiction and further direct the 1st respondent to place the petitioner in serial number 833 A for the post of Junior drafting officer and consequently award further promotions.
For Petitioner :
Mr.M.Sachin Vijay For Respondents :
Mr.C.Selvaraj Government Advocate ******
O R D E R
In this Virtual Court today, Mr.M.Sachin Vijay, learned counsel representing the counsel on record for sole writ petitioner and Mr.C.Selvaraj, learned State counsel for all four
respondents are before me.
2. Learned counsel for writ petitioner adverts to proceedings made in previous listing on 09.08.2021 which reads as follows:
'Mr.M.Sachin Vijay, learned counsel representing the counsel on record for sole writ petitioner and Mr.C.Selvaraj, learned State Counsel for all the four respondents are before this virtual Court.
2. Learned counsel for writ petitioner submits that the matter broadly pertains to seniority of the writ petitioner. However, learned State Counsel on instructions, submits that pending writ petition [post counter affidavit dated 10.08.2009] writ petitioner K.Lakhmanan (Son of Kesavaraman) died in harness and the date of demise is 03.09.2014. Learned State counsel on instructions further submits that writ petitioner's daughter L.Mohanapriya has since been appointed as Assistant Surveyor by way of compassionate appointment vide proceedings dated 19.03.2018 and that she is now serving in Coimbatore.
3. Learned counsel for writ petitioner requests for a short accommodation to get instructions.
4. List one week hence. List on 16.08.2021.'
3. Learned counsel for writ petitioner submits that he has since got instructions and what has been captured in previous proceedings (extracted and reproduced supra) i.e., the obtaining position as articulated by learned State counsel is correct. Learned counsel submits that as a sequitur, nothing survives in the captioned writ petition and therefore, the same may be closed as infructuous.
4. Captioned Writ Petition is closed as infructuous without expressing any view on the merits of the matter. There shall be no order as to costs.
Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar mk
To 1.The Chief Engineer (General) Highways, Chepauk, Chepauk-5.
2.The Joint Chief Engineer (Administrative) Highways, Chepacuk, Chepauk-5.
3.The Superintending Engineer Highways, Madurai-2.
4.The Divisional Engineer Highways, Ramanathapuram.
+1cc to Mr.V.Raghavachari, Advocate, S.R.No.40883 +1cc to the Government Pleader, S.R.No.41080 W.P.No.27405 of 2008 PMK(CO) SU(07/09/2021)