National Exservice Co-Ordi v. Government Of India, Ministry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2019

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.28731 of 2004 National Ex-servicemen Co-ordination Committee (Tamil Nadu), TNCC Aalangulam Unit rep by its Secretary Sub S.Ramasamy, Srivilliputhur Taluk, Virudhunagar District.

... Petitioner Vs.

1.Government of India, Ministry of Defence, The Director General - Resettlement, West Block IV, R.K.Puram, New Delhi.

2.Tamil Nadu Ex-serviceman's Corporation Ltd., (TEXCO), (Government of Tamil Nadu undertaking) rep by its Chairman Major Parameshwaran Memorial Buildings, 2K, West Mada Street, Srinagar Colony, Saidapet, Chennai - 600 015.

3.The Chief General Manager, BSNL (Tamil Nadu Circle), Anna Salai, Chennai - 600 002.

4.The Chief General Manager (Maintenance), Southern Telecom Region, No.39, Rajaji Salai, Chennai - 600 001.

5.The General Manager, BSNL, Thanjavur - 613 007.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned proceedings passed by the 5th respondent in his proceedings No.G-60/GM/TJ/ TEXCO-I/0405/37 dated 28.08.2004 and quash the same and consequently direct the respondents 3 to 5 to permit the members of the

petitioner's Co-ordination Committee to continue to be in service who were sponsored through the 2nd respondent. For Petitioner : Mr.A.P.Venkataraman - no appearance For Respondents : Mr.K.Ramanamoorthy, CGSC (R1) Mr.S.Gopinath (R3 & R4) R2 - no appearance

O R D E R

When the matter was listed for hearing on 15.10.2019, the learned counsel appearing for the petitioner was not present. The learned counsel for the respondents submitted that this Court by order dated 06.12.2005 in W.P.Nos.29740 of 2003 and 19172 of 2005, in identical set of facts, dismissed the Writ Petitions observed that the writ petitioner viz., National Exservicemen Co-ordination Committee (Tamil Nadu) have no locus standi to file the Writ Petitions. The present Writ Petition is also filed by the very same petitioner. In these circumstances, since the learned counsel for the petitioner was not present, the Registry was directed to list the matter under the caption "for dismissal" on 16.10.2019. Though the matter has been listed under the caption "for dismissal" today, none appeared for the petitioner. Hence, this Court has no other option except to dismiss the Writ Petition for non-prosecution. Accordingly, the Writ Petition is dismissed for non-prosecution. No costs. Sd/- Asst.Registrar (Insp Cell ) /true copy/ Sub Asst. Registrar va To

1. The Director General - Resettlement, Government of India, Ministry of Defence, West Block IV, R.K.Puram, New Delhi.

2.The Chief General Manager, BSNL (Tamil Nadu Circle), Anna Salai, Chennai - 600 002.

3.The Chief General Manager (Maintenance), Southern Telecom Region, No.39, Rajaji Salai, Chennai - 600 001.

+1 cc to Mr.Ramamamoorthy Advocate sr86257 +1 cc to Mr.Gopinathan Advocate sr 86408 W.P.No.28731 of 2004 mg(co) aa18/10/2019