Bharani Abishega Kattalai, v. State-Rep. By Its Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.7851 of 2016 and WMP.No.6993 of 2016 Bharani Abishega Kattalai, Kanniamman Meesarpet Kudiyirupor Sangam, Rep. by its Joint Secretary, Mr.N.Nagasubramanian, No.6 Saiva Muthia Mudali 6th Street, Royapettah, Chennai-600 014. ...Petitioner -Vs.- 1.State-Rep. By its Secretary, Tamil Development Culture & Charitable Endowment Department, Fort St. George, Chennai-600 009.
2.The Commissioner, H.R & C.E. - Department, Nungambakkam, Chennai-600 034.
3.The Joint Commissioner, H.R. & C.E. - Department, Tiruvannamalai Arunachaleswarar Temple, Tiruvannamalai-600 601. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to strictly follows the norms and conditions framed under the Government Orders made in G.O.No.298 dated 20.07.2010 and the Communication from the 2nd respondent dated 03.08.2010 in Na.Ka.No.31154/2010 M-3 in deciding the Petitioner arrears of rent.
For Petitioner :
No appearance For Respondents :
Mr.Mr.NRR.Arun Natarajan Government Advocate Assisted by G.Sarath Babu
O R D E R
Captioned main writ petition and WMP are listed under the cause list caption 'FOR DISMISSAL' pursuant to earlier proceedings made in the previous listing on 26.10.2021, which reads as follows:
'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 25.10.2021.
2. The position is no different today. In other words, there is no representation for writ petitioner.
3. However, with the intention to give opportunity to the writ petitioner and writ petitioner's counsel, list this matter day after tomorrow.
4. Be that as it may, owing to the earlier proceedings, list this matter under the cause list caption 'FOR DISMISSAL' on 28.10.2021.'
2. Aforementioned 26.10.2021 proceedings has to be read in conjunction with and in continuation of proceedings made in the listing on 25.10.2021, which reads as follows: 'There is no representation for writ petitioner. A perusal of the case file reveals that there was no representation for the writ petitioner on 18.02.2019 and 20.09.2021 also, Thereafter, on 28.09.2021, Hon'ble Predecessor Judge has directed the matter to be posted for orders, roster change and on 05.10.2021 matter was renotified. Learned State Counsel for all the three respondents is before this Court.
2. This Court, with the intention of giving opportunity to writ petitioner and writ petitioner's counsel, deems it appropriate to list the matter again tomorrow.
List on 26.10.2021.'
3. Aforementioned proceedings will reveal that there has been no representation for the writ petitioner continuously for as many as six previous listings and this is the 7th successive listing in which there is no representation for the writ petitioner.
However, Mr.G.Sarath Babu, learned counsel representing Mr.NRR.Arun Natarajan, learned State counsel on behalf of all the three respondents is before this Court.
4. In the light of the narrative thus far, captioned writ petition is dismissed for default/non-prosecution.
Consequently, connected WMP is also dismissed for default/nonprosecution. There shall be no order as to costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar kmi To 1.The Secretary, State of Tamil Nadu, Tamil Development Culture & Charitable Endowment Department, Fort St. George, Chennai-600 009.
2.The Commissioner, H.R & C.E. - Department, Nungambakkam, Chennai-600 034.
3.The Joint Commissioner, H.R. & C.E. - Department, Tiruvannamalai Arunachaleswarar Temple, Tiruvannamalai-600 601.
+1cc to the Government Pleader, S.R.No.56797 W.P.No.7851 of 2016 and WMP.No.6993 of 2016 KSM(CO) RGA(22/11/2021)