Madras High CourtWP/26698/2010dismissed for nonprosecution

B.Sekar, v. The Commissioner Of Municipal

2023-12-11Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.KUMARESH BABU 1.B.Sekar 2.C.Saravana Kumar 3.B.Suresh Kumar 4.A.Kandaiyan ...Petitioners vs.

1.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

2.The Commissioner, Tambaram Municipality, Chennai - 600 045. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of 2nd respondent in Na.Ka.No.6418/2004/E2 dated 27.02.2007 and quash the same and issue a Mandamus directing the 2nd respondent to pay the salary of petitioners atleast from 05.01.2007 or any other orders fixed by this Court and direct the 1st respondent to appoint the petitioners on any Municipality in Kanchipuram District.

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For Petitioners : Mr.N.Baskaran For Respondents : Mr.S.Ravichandran for R1 Additional Government Pleader Mr.P.Srinivas for R2

O R D E R

Learned counsel appearing for the petitioners had filed a memo indicating that they had sent notice on 07.11.2023 to the petitioners seeking for further instructions. Even though the notices have been received by the petitioners 3 & 4 on 09.11.2023 & 10.11.2023 respectively. But, till date they have not received any instructions.

2.As regards the first petitioner, a cover had been returned with the endorsement "no such address". As regards the second petitioner, an endorsement has been made by the Postal Department stating that the petitioner is no more.

3.The said memo along with the original postal cover and the acknowledgment cards are taken on record.

4.In view of the above, this Court is of the opinion that the petitioners are not diligent in prosecuting this Writ Petition and therefore need not keep this Writ Petition pending on the file of this Court. 2/4

5.In fine, the Writ Petition is dismissed for non-prosecution by the petitioners. There shall be no order as to costs. 11.12.2023 Index: Yes/No Speaking order: Yes/No pam To 1.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

2.The Commissioner, Tambaram Municipality, Chennai - 600 045.

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K.KUMARESH BABU, J.

pam 11.12.2023 4/4