Madras High CourtWP/18323/2015dismissed for nonprosecution

S.Ezhil Royan Emmanuel, v. The Chief Educational Officer,

2023-10-31Honourable Dr Justice D.Nagarjun5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2023

CORAM

THE HONOURABLE MR. JUSTICE Dr.D.NAGARJUN S.Ezhil Royan Emmanuel ... Petitioner Vs.

1. The Chief Educational Officer, Thiruvannamalai & District.

2. The District Educational Officer, Thiruvannamalai & District.

3. The Superior General and President, Brothers of the Sacred Heart, 9H, High Ground Road, Palayankottai, Thirunelveli-627002.

4. The Provincial Superior, Angelo Provincialate, Prem Nivas, 17, Khadi Board Colony, K.K.Nagar, Trichy-620021.

5. The Correspondent, St. Joseph Boys Hr. Sec. School, Susai Nagar, Thiruvannamalai District-632326.

... Respondents 1/5

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents herein not to transfer the petitioner from St. Joseph Higher Secondary School, Susai Nagar, Thiruvannamalai District to any other school which is coming under the control of 3rd respondent on the medical ground and pursuant to the representation made to the respondents dated 20.05.2015. For Petitioner : No Appearance For Respondents : M/s.C.Sangamithirai (for R1 and R2), Mr.R.Narayanan (for R3 to R5

O R D E R

This writ petition is filed seeking for a mandamus to direct the respondents herein not to transfer the petitioner from St. Joseph Higher Secondary School, Susai Nagar, Thiruvannamalai District to any other school which is coming under the control of 3rd respondent on the medical ground and pursuant to the representation made to the respondents dated 20.05.2015.

2. When the mater was listed on 20.10.2023, there was no representation on behalf of the petitioner and the matter was directed to be 2/5

listed on 31.10.2023 under the caption "for dismissal". Even today i.e., on 31.10.2023, when the matter is called for hearing, none appeared on behalf of the petitioner

3. However, learned counsel for the respondents are present.

4. In view of the fact that the none appeared on behalf of the petitioner, it is clear that the petitioner is not interested in prosecuting the case any further.

5. Accordingly, with these observations, the writ petition stands dismissed for non prosecution. However, there shall be no order as to costs.

Index : Yes 31.10.2023 Speaking Order (sha) 3/5