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Madras High CourtWP/23848/2017dismissed for nonprosecution

T.S.Munusammy v. The Commissioner

2024-01-22Honourable Mr Justice Battu Devanand4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2024

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND And W.M.P.No.25082 of 2017 T.S.Munusammy ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Utthamar Gandhi Salai, Nungambakkam, Chennai - 600 006.

2.The Joint Commissioner/ Executive Officer, Arulmigu Subramania Swamy Thirukoil Thiruttani.

3.The Board of Trustees/ Fit Person, Arulmigu Subramania Swamy Thirukoil Thiruttani.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records culminating in the impugned proceedings dated 02.08.2017 made in Se.Mu.Na.Ka.No.1962/2017/A2 of the second respondent and quash the same and consequently direct the second and third respondents 1/4

continuity of service to the petitioner in the post of Goshala Keeper under the second respondent herein with continuity of service with all attendant service benefits.

For Petitioner : No Appearance For Respondents : Mr.C.Jaya Prakash for R1 Government Advocate (HR&CE) Mr.Gopalan for R2

O R D E R

The writ petition is filed seeking to quash the proceedings dated 02.08.2017 made in Se.Mu.Na.Ka.No.1962/2017/A2 by the second respondent and for consequential direction.

2.Though this case is posted today under the caption 'for dismissal', there is no representation for the petitioner. 3.The learned counsel appearing for the second respondent would submit that this writ petition is filed against the order of suspension of the petitioner dated 02.08.2017 and subsequently, the petitioner was terminated from service by order dated 25.04.2018 of the second respondent. The learned counsel further submits that 2/4

aggrieved by the termination order dated 25.04.2018, the petitioner filed W.P.No.1501 of 2021 and the same was disposed of vide order dated 01.04.2021 by this Court. Under this circumstances, the learned counsel submits that nothing survives in this writ petition and it has become infructuous.

4.As there is no representation for the petitioner and on consideration of the submissions made by the learned counsel appearing for the respondents, in the considered opinion of this Court, nothing survives in this writ petition for adjudication and accordingly, it is liable to be dismissed as infructuous.

5.This writ petition is dismissed as infructuous. No costs.

Consequently, the connected miscellaneous petition is closed. 22.01.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

BATTU DEVANAND,J.

pri To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Utthamar Gandhi Salai, Nungambakkam, Chennai - 600 006.

2.The Joint Commissioner/ Executive Officer, Arulmigu Subramania Swamy Thirukoil Thiruttani.

3.The Board of Trustees/ Fit Person, Arulmigu Subramania Swamy Thirukoil Thiruttani.

And W.M.P.No.25082 of 2017 22.01.2024 4/4