S.Manivannan v. The Director General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twentieth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice MUMMINENI SUDHEER KUMAR WMP(MD). No.5184 of 2023 in WP(MD)No.2470 OF 2023 S.Manivannan Assistant Sub Inspector, O/o.The Inspector of Railway Protection Force, ... Petitioner/ Petitioner Vs 1 The Director General, Rail Bhavan, New Delhi-001 2 The Joint Director, Railway Protection Force Railway Board, Rail Bhavan, New Delhi-001 3 The Deputy Inspector General, Rail Bhavan, New Delhi-001.

4 The Principal Chief Security Commissioner, Moor Market Complex , 6th Floor, Chennai-600003.

5 The Divisional Security Commissioner, Trichy-1 6 The Inspector, ... Respondents/Respondents Prayer :- Writ Miscellaneous Petition filled Under Article 226 of Constitution of India,to set aside the order passed in WP(MD) 2470/2020 dated 19.01.2023 and restore the same and pass such further or other orders .

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s..G. Innisai, Advocate for the Petitioner and of M/s.K. Govindarajan Dy. Solicitor General, Government Advocate for the respondents, this Court made the following order:

This petition is filed seeking to set aside the order dated 19.01.2023 passed by this Court in WP(MD)No.2470 of 2020, dismissing the writ petition for nonprosecution. 2.The affidavit filed in support of the petition states that inspite of change of vakalat filed by the learned counsel appearing for the petitioner on 06.09.2022, the

name of the new counsel was not printed in the cause list when the matter was listed on 19.01.2023 and because of the same, the matter could not be represented by the learned counsel for the petitioner. No counter affidavit is filed on behalf of the respondents.

3. This Court is convinced with the cause shown for non-appearance of the learned counsel for the petitioner on 19.01.2023. Accordingly, the order dated 19.01.2023 passed by this Court in WP(MD)No.2470 of 2020 is hereby recalled and the writ petition is restored on the file of this Court.

4. The Registry is directed to list the writ petition in WP(MD)No.2470 of 2020 on 08.04.2024.

Sd/- Assistant Registrar(CS I) // True Copy // /04/2024 Sub Assistant Registrar (CS- I/ II / III / IV) TO 1 The Director General, Rail Bhavan, New Delhi-001

2 The Joint Director, Railway Protection Force Railway Board, Rail Bhavan, New Delhi-001 3 The Deputy Inspector General, Rail Bhavan, New Delhi-001.

4 The Principal Chief Security Commissioner, Moor Market Complex , 6th Floor, Chennai-600003.

5 The Divisional Security Commissioner, Trichy-1 6 The Inspector, Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED : 20/03/2024 ==========================

ORDER

========================= WMP(MD). No.5184 of 2023 in WP(MD)No.2470 OF 2023 Giving direction and etc.

as stated within.

MGJ(04.04.2024) 5P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023