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Madras High CourtWP(MD)/8849/2010dismissed for default

Saraswathi, v. The Additional Deputy General

2019-11-04Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and M.P.(MD)No.1 of 2010 Saraswathi ... Petitioner Vs.

1.The Additional Deputy General of Police, Sivagangai, Sivagangai District.

2.The Superintendent of Police, Sivagangai, Sivagangai District.

3.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

4.Rajkumar, Inspector of Police, Pallathur Police, Sivagangai District.

5.Jalil 6.Jakir Huzain ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to remove the rowdy elements encroached inside property located at 6.A. Telephone Colony, Sriram Nagar, Kottaiyur and give necessary protection to the petitioner and the petitioner's family.

For Petitioner : No Appearance For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader for R.1 to R.3 : Mr.Thoothai Muniasamy for Mr.RM.Arun Swaminathan for R.4 : No Appearance for R.5 and R.6 1/3

ORDER

Read this in conjunction with and in continuation of earlier proceedings of this Court dated 01.11.2019 which reads as follows: ' Read this in conjunction with and in continuation of earlier proceedings of this Court dated 27.09.2019. 2.Today, a memo dated 22.07.2010 has been referred to by the Registry and the same is before this Court. This Court is informed that name of writ petitioner is shown in the cause-list owing to the memo.

3.More importantly, the case file shows that notice has been sent to the writ petitioner by this Court owing to the aforesaid memo and the Court notice has been returned un-served with endorsement 'no such addressee'. 4.List this matter under the caption 'FOR DISMISSAL' on 04.11.2019.'

2. Pursuant to aforesaid earlier proceedings, instant writ petition is listed under the caption 'FOR DISMISSAL' today.

3. The position is no different today.

Mr.Aayiram K.Selvakumar, learned Additional Government Pleader is before this Court on behalf of respondents 1 to 3 and Mr.Thoothai Muniasamy representing Counsel for fourth respondent is before this Court. There is no representation for respondents 5 and 6. More particularly, there is no representation for writ petitioner. As it is party-in-person, name of the writ petitioner was called aloud in the Court and in the adjoining corridors. No response.

4. Therefore, instant writ petition is dismissed for default /non-prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) SSL 2/3

To 1.The Additional Deputy General of Police, Sivagangai, Sivagangai District.

2.The Superintendent of Police, Sivagangai, Sivagangai District.

3.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate SR-95865. +1 CC to SPL GP SR-96070.

04.11.2019 CS(20.11.2019) 3P 6C 3/3