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Madras High CourtWP(MD)/1476/2013dismissed for default

S. Gnanathiraviam, v. The Secretary To Government

2021-11-12Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR S.Gnanathiraviam ... Petitioner -Vs.- 1.The Secretary to Government of Tamil Nadu, Hindu Religious and Charitable Endowments Department, Secretariat, Chennai-9.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-34.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Muthuchamy Nagar, Sivagangai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records on the file of the first respondent in his proceedings in G.O.No.289, dated 31.12.2012 and quash the same so far as the petitioner's concerned and pass such further or other orders as this Court may deem fit and proper.

For Petitioner :

No Appearance For Respondents :

Mr.A.Baskaran, Addl. Govt. Pleader ******

O R D E R

Read this in conjunction with and in continuation of earlier proceedings made in previous listings on 09.11.2021, 10.11.2021 and 11.11.2021 which read as follows:

Proceedings dated: 09.11.2021:

'There is no representation for writ petitioner though the name of learned counsel on record for writ 1/3

petitioner (Mr.K.Gnana Sambandan) and name of the writ petitioner (Mr.S.Gnanathiraviam) are duly shown in the cause list.

2. Be that as it may, the cause list shows Mr.D.Sivaraman as counsel for respondents 2 and 3. Learned counsel submits that his name has been wrongly shown and he is not representing respondents 2 and 3 in this matter. The responsibility with which learned counsel has come before this Court and made this position clear is appreciated and is worthy of emulation.

3. Be that as it may, Mr.A.Baskaran, Government Advocate (civil side) who is before this Court submits that he is representing all the three respondents.

4. To be noted, with the intention of giving opportunity to the writ petitioner and writ petitioner's counsel, Registry is directed to list this matter again tomorrow. Registry to not to show the name of Mr.D.Sivaraman in the cause list.

5. List on 10.11.2021.'

Proceedings dated 10.11.2021:

'Read this in conjunction with and in continuation of earlier proceedings dated 09/11/2021, the position is no different today. In other words, there is no representation for the writ petitioner. However, with the intention of giving opportunity to the writ petitioner and writ petitioner's counsel, Registry is directed to list this matter again tomorrow. 2.List on 11/11/2021.' Proceedings dated 11.11.2021:

'Read this in conjunction with and in continuation of earlier proceedings dated 09/11/2021 and 10.11.2021, the position is no different today. In other words, there is no representation for the writ petitioner. However, with the intention of giving opportunity to the writ petitioner and writ petitioner's counsel, Registry is directed to list this matter again tomorrow. 2.List on 12/11/2021.'

2. Pursuant to the aforementioned trajectory, captioned matter is listed under the caption 'FOR DISMISSAL' today. Notwithstanding the matter being listed under the caption 'FOR DISMISSAL', the position is no different today. In other words, there is no representation for writ petitioner but Mr.A.Baskaran, learned Additional Government Pleader is before this Court on behalf of all the three respondents.

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3. In the light of the aforementioned trajectory, as the writ petitioner's counsel has not chosen to represent the matter in four consecutive hearings, adequate/ample opportunity having been given, captioned writ petition is dismissed for default/non-prosecution. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To 1.The Secretary to Government of Tamil Nadu, Hindu Religious and Charitable Endowments Department, Secretariat, Chennai-9.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-34.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Muthuchamy Nagar, Sivagangai.

+1 CC to M/s.SPL GP (SR-34456[F] dated 15/11/2021) 12.11.2021 MA(CO) GC/NS(23.11.2021) 3P 5C 3/3