Mohammed Durai v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and M.P(MD).Nos.1 and 2 of 2015 Mohammed Durai : Petitioner Vs.

The Commissioner, Sengottai Municipality, Sengottai, Tirunelveli District.

: Respondent P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records relating to the impugned notice dated 17.02.2015 made in Na.Ka.No.937/2014/A1 issued by the respondent and quash the same. For Petitioner : No appearance For Respondent : Mr.P.Athimioolapandian, Standing Counsel

O R D E R

******************** Read this in conjunction with and in continuation of earlier proceedings made in previous listings on 25.11.2021, 29.11.2021, 30.11.2021 and 01.12.2021 which read as follows: Proceedings dated: 25.11.2021:

'Mr.P.Athimoolapandian, learned Standing Counsel for lone respondent [Sengottai Municipality] is ready but there is no representation for the writ petitioner. 2.With the intention of giving opportunity to the writ petitioner and writ petitioner's Counsel, Registry to list this matter again on Monday.

3.List on 29.11.2021.'

Proceedings dated: 29.11.2021:

'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 25.11.2021. The position is no different today, in other words, Mr.P.Athimoolapandian, learned Standing Counsel for lone respondent (Sengottai Municipality) is before 1/3

this Court and learned counsel is ready but there is no representation for writ petitioner, with the intention of giving further opportunity to the writ petitioner and writ petitioner's counsel, Registry to list this matter again tomorrow.

2. List on 30.11.2021.'

Proceedings dated: 30.11.2021:

'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 25.11.2021, the position is no different today. In other words, there is no representation for writ petitioner, with the intention of giving further opportunity to the writ petitioner and writ petitioner's counsel, Registry to list this matter again tomorrow.

2. List on 01.12.2021.'

Proceedings dated: 01.12.2021:

'Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 25.11.2021, 29.11.2021 and 30.11.2021.

2.The position is no different today. In other words, there is no representation for the writ petitioner today also. However, Mr.P.Athimoolapandian, learned Standing Counsel for Sengottai Municipality is before me on behalf of the lone respondent.

3.With the intention of giving another but peremptory opportunity to the writ petitioner and the writ petitioner's Counsel, Registry to list this matter again tomorrow under the caption 'FOR DISMISSAL'. 4.List on 02.12.2021 under the cause list caption 'FOR DISMISSAL'.'

2.Pursuant to the proceedings made in the previous listings on 01.12.2021, captioned matter has been listed under the cause list caption 'FOR DISMISSAL'. Notwithstanding such listings, there is no representation for the writ petitioner today also. However, Mr.P.Athimoolapandian, learned Standing Counsel (Sengottai Municipality) for the lone respondent in the captioned writ petition is before me today also.

2/3

3.This Court, in view of the trajectory the matter has taken and the proceedings in the previous listings which have been set out supra, is convinced that adequate and ample opportunity has been given to the writ petitioner but the writ petitioner has not come forward to pursue the captioned writ petition. 4.The sequitur is captioned writ petition is dismissed for default / non-prosecution. There shall be no order as to costs. Consequently, connected M.Ps are also dismissed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To The Commissioner, Sengottai Municipality, Sengottai, Tirunelveli District.

02.12.2021 RS (09.12.2021) 3P 2C 3/3