K.P. Sivakumar v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.04.2023
CORAM
THE HONOURABLE Mr. JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr. JUSTICE MOHAMMED SHAFFIQ and C.M.P.Nos.7703, 7756 and 7758 of 2023 K.P.Sivakumar .. Appellant in W.A.No.806 of 2023 S.Suresh .. Appellant in W.A.No.815 of 2023 K.Devan .. Appellant in W.A.No.816 of 2023 Vs.
1.The Principal Secretary to Government, School Education Department, 2.Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai - 600 006.
3.The Director, Directorate of School Education, DPI Campus, 68, College Road, Chennai - 600 006.
1/5
4.Principal Secretary to Government, Social Welfare and Nutritious Meal Programme Department, .. Respondents in all appeals Common Prayer: Writ Appeals filed under Clause 15 of the Letters Patent against the common order dated 05.01.2023 passed in W.P.Nos.29801, 31914 & 30075 of 2014 on the file of this Court. For Appellant in all appeals : Mr.R.Prabhakaran For RR 1, 3 & 4 in all appeals : Mr.Stalin Abimanyu Additional Government Pleader For R2 in all appeals : Mr.K.Sathish Kumar Standing Counsel COMMON JUDGMENT [Judgement of the Court was delivered by R.MAHADEVAN, J.] Challenging the common order dated 05.01.2023 passed by the learned Judge in W.P.Nos.29801, 31914 & 30075 of 2014, the appellants have preferred the present appeals.
2.
The learned counsel for the appellants drew the attention of this Court to the impugned common order dated 05.01.2023, which reads as under:
2/5
"On 07.12.2022, these writ petitions were directed to be posted under the caption 'for orders'. On 12.12.2022, when the matter was taken up for hearing, there was no representation for the petitioners and the writ petitions were directed to be posted under the caption 'for dismissal' on 13.12.2022. On 13.12.2022, the writ petitions were directed to be listed on 15.12.2022 by removing the caption 'for dismissal'.
2.When the matter was taken up for hearing on 15.12.2022, the learned counsel for the petitioners sought for adjournment and the writ petitions were directed to be listed under the caption 'for dismissal' on 05.01.2023. Today, even though the writ petitions are listed under the caption 'for dismissal', the learned counsel for the petitioners seek adjournment.
3.From this it is clear that the petitioners are not interested in prosecuting the case. Hence, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed." Pointing out the same, the learned counsel submitted that the learned Judge dismissed the writ petitions, without hearing the appellants and hence, liberty may be given to them to file petitions seeking restoration of the writ petitions.
3.
In view of the above submissions made by the learned counsel for the appellants, all these writ appeals stand disposed of, granting two weeks time from the date of receipt of a copy of this order, to the appellants for filing restoration petitions. No costs. Connected C.M.Ps. are closed. [R.M.D., J.] [M.S.Q., J.] 06.04.2023 Index: Yes / No Speaking order/ Non-speaking order 3/5
nsd To 1.The Principal Secretary to Government, School Education Department, 2.The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai - 600 006.
3.The Director, Directorate of School Education, DPI Campus, 68, College Road, Chennai - 600 006.
4.The Principal Secretary to Government, Social Welfare and Nutritious Meal Programme Department, 4/5
R.MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
nsd 06.04.2023 5/5