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Madras High CourtWP/5772/2021dismissed for nonprosecution

Mrs.Narmada Kothandan v. The Additional Secretary

2024-01-24Honourable Mr Justice S.S. Sundar,Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.Nos.6364 & 7686 of 2021 Narmada Kothandan ... Petitioner Vs.

1.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner, EVR Periyar Salai, Rippon Buildings, Chennai - 600 003.

3.The Executive Engineer,

4.The Assistant Executive Engineer, 5.The Assistant Engineer, Ward No.155, Zone 11, Unit 34, Bajanai Koil Street, Ramapuram, Chennai - 600 089.

6.M.A.Jahangir ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records relating to the order dated 11.02.2021 in Letter No.11181/UD-VI(1)/2020 of the 1st respondent and quash the same.

For Petitioner :

Mrs.AL.Ganthimathi For R1 :

Mrs.S.Anitha Special Government Pleader For R2 to R5 :

Mr.D.B.R.Prabhu Standing Counsel for Chennai Corporation

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) From the docket entries, this Court finds that, after getting interim order on 09.03.2021, the matter is being adjourned on several occasions at the request of the petitioner. A memo is filed by the learned counsel for the petitioner today stating that the counsel on record is unable to get instructions from the petitioner. Since the counsel on record continues to be the counsel till such time vakalat is revoked by the petitioner, no fresh notice is required to be issued to the petitioner. The request for adjournment does not appear to be for bona fide purpose. In view of the fact that the counsel has expressed his inability to argue the matter on merits for no valid reason, this Court has no other option except to dismiss the writ petition for nonprosecution. 2.Accordingly, this writ petition is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petitions are closed.

3.If the petitioner comes forward with an explanation for nonappearance or not giving instructions to her counsel, it is open to her to file a petition to restore the writ petition.

(S.S.S.R., J.) (N.S., J.) 24.01.2024 mkn Internet : Yes Index : Yes / No To 1.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Commissioner, EVR Periyar Salai, Rippon Buildings, Chennai - 600 003.

3.The Executive Engineer,

4.The Assistant Executive Engineer, 5.The Assistant Engineer, Ward No.155, Zone 11, Unit 34, Bajanai Koil Street, Ramapuram, Chennai - 600 089.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn 24.01.2024