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Madras High CourtWP(MD)/2339/2014dismissed for nonprosecution

O. Ayyankalai, v. The District Collector,

2021-10-08Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD).No.2339 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR W.P.(MD).No.2339 of 2014 and M.P(MD)No.2 of 2014 O.Ayyankalai .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Audit Inspector, (Nutritious Meals Section) Office of the Assistant Director of Audits, Audit Office, Madurai-625 020.

3.The Commissioner / Block Development Officer, Union Office, Kottampatti, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the third respondent herein vide Na.Ka.NO.1070/2013/Aa6 dated 28.07.2013 along with audit objection enclosures and consequential impugned order passed by the third respondent vide Na.Ka.No.1070/2013/Aa6 dated 27.01.2014 and quash the same as illegal and arbitrary and consequently to direct the respondents to pay pension without any adjustment/recovery and further to direct the respondents to return the already recovered pension to the petitioner as applicable within the stipulated time. For Petitioner : No appearance For R1 & R2 : Mr.M.Lingadurai Government Advocate For R3 : Mr.Rajarajan

ORDER

This Court found that there was no representation on several occasions for the petitioner. Despite the matter is being directed to be listed under the caption for dismissal for more than one occasion, the writ petition is not prosecuted. When the matter was listed earlier on 13.09.2021, this Court directed the matter to be posted under the caption "for dismissal". Since there was no https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.2339 of 2014 representation for the petitioner, the matter was adjourned to 15.09.2021. Again when the matter appeared in the list under the caption "for dismissal", there was no representation for the petitioner. To give one more opportunity to the petitioner, this Court directed the writ petition to be listed today under the caption "for dismissal". Despite the matter is listed under the caption "for dismissal", there is no representation for the petitioner even today. In such circumstances, this Court has no other option but to dismiss the writ petition for non-prosecution. Accordingly, this Writ Petition stands dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 1.The District Collector, Madurai District, Madurai.

2.The Audit Inspector, (Nutritious Meals Section) Office of the Assistant Director of Audits, Audit Office, Madurai-625 020.

3.The Commissioner / Block Development Officer, Union Office, Kottampatti, Madurai District.

W.P.(MD).No.2339 of 2014 and M.P(MD)No.2 of 2014 08.10.2021 RS(CO) KB(26.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2