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Madras High CourtWMP/9208/2023allowed

S.Thamizharasi v. The Chairman

2025-04-25Honourable Dr.Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA IN WP NO. 24039 OF 2018

1. S.Thamizharasi Vridhachalam Taluk.

Petitioner(s) Vs

1. The Chairman Corporate Office, NLC Ltd., Block - 1, Neyveli - 1 2.The Director of HR Corporate Office, NLC Ltd., Block - 1, Neyveli - 1 3.The Deputy General Manager HR/ CWS-NSU-CER The State Central Workshop Neyveli lignite Corporation Ltd., Neyveli - 1 4.The Accounts Manager, Accounts Centre, NLC Ltd., Block - 1,

Neyveli - 1 5.The Provident Fund Officer, Provident Fund Office, Neyveli - 1 6.Smt. P. Selvarathinam, D/o. Pazhaimuthu The Supertentent, Indergrated Child Development Sechem (ICDS), Karkodal, Vridhachalam, Cuddalore District 7.Senthamilselvan S/o. (Late) Sadaiyamuthu 8.Vanishree D/o. (Late) Sadaiyamuthu 9.Jayashree, D/o. (Late) Sadaiyamuthu 7 to 9 are residing at No. 139/ B, PTR Nagar, Gandhi Nagar (PO), Neyveli - 607801 10.Sivamalai W/o. Ayyasami, Old No. 130/ 4, New No. 130-A/ 2 East Street, Ilangiyanur Village, Nallur Panchayat, Vridhachalam Taluk Respondent(s) WP No. 24039 of 2018

1. S.Thamizharasi Vridhachalam Taluk

Vs

1. The Chairman Vridhachalam Taluk PRAYER: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to restore the Writ Petition in W.P.No. 24039 of 2018 which was dismissed for non prosecution on 05-04-2022. For Petitioner : Mr.R.Veeramani For Respondent(s):

Mr.V.Rajesh Babu

ORDER

This petition has been filed to restore the Writ Petition in W.P.No. 24039 of 2018 which was dismissed for non prosecution on 05-04-2022.

2. In the counter filed by the respondent it is stated that the reasons stated to condone the delay is not genuine and that the respondent has already filed a writ petition in W.P.No.5189 of 2023 touching upon the same subject and hence the petitioner is not without any remedy and he can effectively make his submission in the pending writ petition.

3. As on date without giving any order in the writ petition filed by the respondent in W.P.No.5189 of 2023, on merits, the dispute cannot be settled. As the petitioner has filed the writ petition in W.P.No.24039/2018 by putting forth his own contentions, I feel in the interest of justice both should have been tagged together. But the petitioner's writ petition is of the year 2018 and the other petition filed by the respondent is of the year 2023.

4. The learned counsel for the petitioner submitted that the petitioner is an illiterate and he was not aware of the order and hence there was a delay in approaching the Court.

5. Since the other writ petition is also pending, no prejudice will be caused to the respondent in allowing this petition.

6. Accordingly, this Writ Miscellaneous Petition is allowed and the writ petition in W.P.No.24039/2018 is restored in its file. 25-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chairman Corporate Office, NLC Ltd., Block - 1, Neyveli - 1 2.The Director of HR Corporate Office, NLC Ltd., Block - 1, Neyveli - 1 3.The Deputy General Manager HR/ CWS-NSU-CER The State Central Workshop Neyveli lignite Corporation Ltd., Neyveli - 1 4.The Accounts Manager, Accounts Centre, NLC Ltd., Block - 1, Neyveli - 1 5.The Provident Fund Officer, Provident Fund Office, Neyveli - 1

R.N.MANJULA J.

bkn IN WP NO. 24039 OF 25-04-2025