K.R.Palanisamy, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.No.40071 of 2015 K.R.Palaniswamy
...Petitioner
Vs
1. The Commissioner, Hindu Religious and Charitable, Endowment Administration Department, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable, Endowment Administration Department, Salem - 1.
3. The Thakkar/Executive Officer, Arulmigu Meenakshi Chokkanathar Temple, Arulmigu Alagrinathar Temple, Salem City, Salem.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to take charge as Executive Officer/Thakkar and administer the temple of the Arulmigu Kottai Periyamariamman Koil, Kottaiyur, Mettur, Salem District in pursuant to the order dated 13.11.2015 in Se.Mu.Na.Ka.No.6720/2015 Aa2, passed by the 2nd Respondent. For Petitioner : No appearance For Respondents: Mr. G.Sarath Babu for Mr.NRR.Arun Natarajan
ORDER
Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 22.09.2021 (yesterday) which reads as follows:
Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 03.09.2021, 17.09.2021 and 20.09.2021 which read as follows:
2.The above takes us to proceedings/orders made in earlier listings on 03.09.2021, 17.09.2021 and 20.09.2021 which read as follows:
Order dated 03.09.2021:
"There is no representation for writ petitioner, but Mr.NRR.Arun Natarajan, learned State counsel is before this Court on behalf of all the three respondents. This Court, with the intention of giving opportunity to writ petitioner and writ petitioner's counsel, considers it appropriate to list this matter again.
List on Tuesday (07.09.2021). "
Order dated 17.09.2021:
"Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 03.09.2021, the position is no different today. In other words, there is no representation for writ petitioner, but State counsel Mr.NRR.Arun Natarajan is before this Court. 2.With the intention of giving opportunity to the writ petitioner and writ petitioner's counsel, list this matter again on 20.09.2021."
Order dated 20.09.2021:
"Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 17.09.2021.
2. This matter was listed by way of an additional list today, but the position is no different. State counsel Mr.NRR.Arun Natarajan is before this Court, but there is no representation for the writ petitioner. However, as the matter is in the additional list, I deem it appropriate to give one more opportunity to the writ petitioner. List this matter day-after-tomorrow i.e., 22.09.2021."
2. The position is no different today. In other words, there is no representation for the writ petitioner today also, but Mr.NRR.Arun Natarajan, learned State counsel is before this Court on behalf of the respondents.
3. As this is the fourth consecutive listing in which there is no representation for the writ petitioner. Registry to list this matter under the cause list caption 'FOR DISMISSAL' day after tomorrow.
List on 24.09.2021.
3. Pursuant to the aforementioned earlier proceedings made in the previous listings, captioned writ petition is listed under the cause list caption 'FOR DISMISSAL' today (24.09.2021).
4.The position is no different today. In other words, Mr. G. Sarath Babu representing Mr.NRR.Arun Natarajan, State Counsel, is before this Court on behalf of the three respondents, but there is no representation for the writ petitioner today also.
5. The aforementioned proceedings and trajectory brings to light that this is the fifth consecutive listing in which there has been no representation for the writ petitioner though adequate and ample opportunities have been given to the writ petitioner. Therefore, captioned writ petition is dismissed for non-prosecution/default. There shall be no order as to costs. s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar mmi/NST To
1. The Commissioner, Hindu Religious and Charitable, Endowment Administration Department, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable, Endowment Administration Department, Salem - 1.
3. The Thakkar/Executive Officer, Arulmigu Meenakshi Chokkanathar Temple, Arulmigu Alagrinathar Temple, Salem City, Salem.
+1 CC to The Special Government Pleader(HR & CE) sr 49619. W.P.No.40071 of 2015 SJ(CO) SP(18/10/2021)