Selvi v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2022 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.(MD)Nos.15502, 15587 and 15588 of 2019 Selvi

...Petitioner in W.P.(MD)No.19144 of 2019

Sureshganth

...Petitioner in W.P.(MD)No.19202 of 2019

Vs.

1.The Joint Commissioner, HR & CE Department, Madurai.

2.The Assistant Commissioner, HR & CE Department, Dindigul.

3.The Executive Officer, Arulmigu Kambarayaperumal Thirukovil, Cumbum, Uthamapalayam Taluk, Theni District.

...Respondents in both petitions

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COMMON PRAYER: Writ Petitions filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders of the first respondent in Miscellaneous Petition Nos.25 and 36 of 2019, dated 03.06.2019 and 05.06.2019, respectively and quash the same as illegal and consequently direct the second and third respondents not to disturb the possession of the petitioners in their Shop No.16E, Konditholu Theru Cumbum, Uthamapalayam Taluk, Theni District and Door No.43, Kottaimaithanam, Cumbum, UthamapalayamTaluk, Theni District, respectively. In Both WPs:

For Petitioners : No Appearance For R1 & R2 : Mr.T.Villavan Kothai For R3 : Mr.Dr.C.Guhaseelarupan COMMON ORDER Though the matters have been posted under the caption 'for dismissal', there was no representation for the Petitioners when the matter was called at 11.00 a.m, today, apart from the earlier hearing on 08.12.2022. There does not appear to be any useful purpose being served in keeping the Writ Petitions pending indefinitely when the Petitioners are not interested in prosecuting the same.

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In such circumstances, these Writ Petitions are dismissed for nonprosecution. It is made clear that the Petitioners are not precluded from applying for revival of the Writ Petitions, if necessary, in accordance with law. Consequently, connected Miscellaneous Petitions are closed. No costs. 09.12.2022 Index : Yes/No Internet : Yes/No ta To 1.The Joint Commissioner, HR & CE Department, Madurai.

2.The Assistant Commissioner, HR & CE Department, Dindigul.

3.The Executive Officer, Arulmigu Kambarayaperumal Thirukovil, Cumbum, Uthamapalayam Taluk, Theni District.

COPY TO:

1.Selvi, D/o.Pagavathiraj, Door No.16E, Kottai Ground, Cumbum, Uthamapalayam Taluk, Theni District.

2.Sureshganth, S/o.Late Murugan, 443A/27, L F Road, Cumbum, Uthamapalayam Taluk, Theni District - 625 516.

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P.D.AUDIKESAVALU,J.

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