Madras High CourtWP(MD)/5033/2011dismissed for nonprosecution

P.V. Ravindran, v. The Executive Officer,

2020-12-07Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)Nos.5007 & 5033 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)Nos.5007 & 5033 of 2011 and M.P.(MD) Nos.1 & 2 of 2011 (Through Video Conference) P.V.R.Balasubramanian ... Petitioner in W.P.(MD) No.5007 of 2011

1) P.V.Ravindran

2) P.V.Sidhanantham ... Petitioners in W.P.(MD) Nos.5033 of 2011 Vs 1.The Executive Officer, Thenkarai Selection Grade Town Panchayat, Theni District

2. The President, Thenkarai Selection Grade Town Panchayat, Theni District.

... Respondents in both W.P.'s COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records of the 1st respondent in Na.Ka.No.165/2007 dated 24.03.2009 and quash the same.

In both Writ Petitions:

For Petitioners : Mr.A.Sivaji For Respondents : Mr.T.S.Mohammed Mohideen, Standing counsel C O M M O N O R D E R Since the issue involved in both the writ petitions are one and the same, they are disposed of by this common order.

2. Learned counsel for the petitioners has filed a memo before this Court today reporting no instructions in this matter. He has stated that he had sent a registered letter to the petitioners on 13.11.2020 and the same has been received by the petitioners on 16.11.2020 wherein he had sought for clarification from the petitioners with regard to this case. Further, it is stated in the memo that despite receipt of the letter dated 13.11.2020, the petitioners have not turned up or replied to the said letter. In https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)Nos.5007 & 5033 of 2011 such circumstances, he has reported no instructions before this Court.

3. The memo submitted by the petitioners is hereby recorded. The writ petitions are of the year 2011. If the petitioners was really interested in continuing with the prosecution of these writ petitions, they would have contacted their counsel on receipt of the letter dated 13.11.2020 and they would have also made alternate arrangements. Inspite of the receipt of the letter dated 13.11.2020 sent by their counsel, the petitioners have not appeared before this Court nor have they made any alternate arrangements to engage a counsel or give proper instructions to their counsel. Since the writ petitions are of the year 2011, no useful purpose would be served if these writ petitions are allowed to be kept pending.

4. It can now be inferred that the petitioners are not interested in prosecuting the writ petitions. Accordingly, the writ petitions are dismissed for non-prosecution. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Sts Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned. To:

+2 CC to M/s.A.SIVAJI, Advocate ( SR-24585, 24584[F] dated 09/12/2020 ) +1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate, SR.24191 Common Order made in W.P.(MD)Nos.5007 & 5033 of 2011 Dated:

07.12.2020 NR (30/12/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2