S.Jaya, W/O.Subramani (Late) v. The State Government Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR S.Jaya
...Petitioner
Vs.
1.The State Government of Tamil Nadu, Rep by its Secretary, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.
2.The Chairman, Tamil Nadu Sales Tax Appellate Tribunal, City Civil Court Compound, Chennai - 600 104.
3.The Secretary, Tamil Nadu Sales Tax Appellate Tribunal, City Civil Court Compound, Chennai - 600 104.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order in R.C.No.13148/2002/B2 dated 22.12.2005 passed by the 2nd respondent which was confirmed by the 1st respondent in G.O.(D).No.100 dated 18.03.2011 and quash the same as illegal, improper, unreasonable, arbitrary and against the natural justice and thereby direct the respondents to
reinstate the petitioner into her service as a sweeper from 23.12.2005 and pack back all the service and monetary benefits from the said date to the petitioner.
For Petitioner : Mr.M.Jagan (Legal Aid Counsel) For Respondents : Mrs.K.Vasantha Mala Government Advocate
ORDER
As the learned counsel who had originally filed this Writ Petition was elevated to the Bench, this Court by order dated 19.12.2024, appointed Mr.M.Jagan as Legal Aid Counsel for the petitioner.
2. When the matter was taken up for consideration, it was represented by Mr.M.Jagan, learned Legal Aid Counsel for the petitioner, that all efforts made by him to reach the petitioner are in vain. The letter addressed to the residential address of the petitioner was returned with a postal endorsement indicating that such person was not found.
3. Since the learned counsel who filed the present Writ Petition was elevated to the Bench long back and the petitioner has also not come forward to prosecute the present Writ Petition, it appears that the petitioner is not ready and willing to prosecute the matter.
4. Considering the fact that the petitioner was made aware of the pendency of the Writ Petition by Mr.M.Jagan, learned Legal Aid Counsel, by addressing a registered letter, and the same was returned by the postal authorities, this Court deems it fit to consider such attempt as sufficient service of notice on the petitioner. As the petitioner failed to appear and provide appropriate instructions to the learned Legal Aid Counsel, this Court is left with no other option but to dismiss this Writ Petition for nonprosecution.
5. Accordingly, this Writ Petition is dismissed for non-prosecution, leaving it open to the petitioner to file an appropriate application, in case she intends to pursue the Writ Petition. No costs. 09.07.2025 jas Index : Yes / No Speaking order / Non-speaking order To 1.The State Government of Tamil Nadu,
Rep by its Secretary, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.
2.The Chairman, Tamil Nadu Sales Tax Appellate Tribunal, City Civil Court Compound, Chennai - 600 104.
3.The Secretary, Tamil Nadu Sales Tax Appellate Tribunal, City Civil Court Compound, Chennai - 600 104.
MUMMINENI SUDHEER KUMAR, J.
jas
09.07.2025