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Madras High CourtWP/30101/2008dismissed for default

K. Nataraja Naidu v. The Director Of School

2021-08-09Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.No.30101 of 2008 K.Nataraja Naidu S/o.Krishnasamy B.T.Assistant (Maths) Corporation High School Pudu Ramakrishnapuram Thiruppur 641 607 Coimbatore District.

... Petitioner -Vs.- 1.The Director of School Education College Road Chennai-600 006.

2.The Joint Director of School Education Higher Secondary College Road, Chennai-600 006.

3.The Chief Educational Officer Tiruvannamalai District Tiruvannamalai.

4.The District Educational Officer Tiruvannamalai District Tiruvannamalai.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of the 2nd respondent in his proceedings Na.Ka.No.47631/C3-E3/07 dated 21.8.2008 and quash the same. For Petitioner :

No appearance For Respondents :

Mr.C.Selvaraj Government Advocate

O R D E R

Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 06.08.2021 (Friday) which reads as follows:

'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 04.08.2021, which read as follows:

'Proceedings made on 04.08.2021 There is no representation for writ petitioner though the names of writ petitioner and writ petitioner's counsel are duly shown in the cause list. However, Mr.C.Selvaraj, learned State Counsel on behalf of all the four respondents [all four are official respondents] is before this virtual Court.

2. This Court, with the intention of giving opportunity to writ petitioner and writ petitioner's counsel, deems it appropriate to list this matter tomorrow.

List tomorrow (05.08.2021).

'Proceedings made on 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 writ petitioner though the names of writ petitioner and writ petitioner's counsel are duly shown in the cause list. However, Mr.C.Selvaraj, learned State Counsel on behalf of all the four respondents [all four are official respondents] is before this virtual Court.

2. This Court, with the intention of giving opportunity to writ petitioner and writ petitioner's counsel, deems it appropriate to list this matter tomorrow.

List tomorrow (05.08.2021).'

2. The position is no different today. In other words, there is no representation for sole writ petitioner and Mr.C.Selvaraj, learned State counsel for four respondents (official respondents) is before this Virtual Court.

3. This means that there has been no representation for writ petitioner for two consecutive/successive listings.

4. However, with the intention of giving one more opportunity to writ petitioner and writ petitioner's counsel, list this matter tomorrow i.e., on 06.08.2021.'

2. The position is no different today. In other words, there is no representation for writ petitioner though State counsel Mr.C.Selvaraj, is before this Virtual Court. This is the third successive / consecutive hearing in which there has been no representation for the writ petitioner. Therefore, list this matter under the caption 'FOR DISMISSAL' on Monday i.e., 09.08.2021.'

2. Pursuant to aforementioned proceedings, captioned writ petition is listed under cause list caption 'FOR DISMISSAL' today.

3. Notwithstanding such listing, the position is no different today. In other words, there is no representation for writ petitioner though learned State counsel Mr.C.Selvaraj on behalf of all four official respondents has joined this Virtual Court.

4. The narrative thus far shows that there was no representation for writ petitioner for four consecutive/successive hearings (including this listing today which is under cause list caption 'FOR DISMISSAL'). Therefore, this Court is of the considered view that sufficient opportunity has been given to writ petitioner and writ petitioner's counsel, notwithstanding which writ petitioner/writ petitioner's counsel has not chosen to come before this Court to pursue writ petition.

5. Therefore, in the light of the narrative thus far, captioned Writ Petition is dismissed for default. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mk

To 1.The Director of School Education College Road Chennai-600 006.

2.The Joint Director of School Education Higher Secondary College Road, Chennai-600 006.

3.The Chief Educational Officer Tiruvannamalai District Tiruvannamalai.

4.The District Educational Officer Tiruvannamalai District Tiruvannamalai.

W.P.No.30101 of 2008 SMI(CO) CT(26/08/2021)