Madras High CourtWMP(MD)/12738/2018ordered

E. Mariyadas v. The Chief Executive

2020-02-05Honourable Mrs Justice J. Nisha Banu2 pages

WMP(MD). No.12738 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Wednesday, the Fifth day of February Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice J.NISHA BANU WMP(MD). No.12738 of 2018 in WP(MD).No.5638 of 2012 E. Mariyadas, Assistant Honey Bee Farm, Kattuvilai, Melgunt, Kappukadu Post, Kanyakumari District.

...Petitioner/Petitioner

Vs 1 The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai- 600 108 2 The Assistant Director, Office of Khadi and Village Industries, Nagercoil, Kanyakumari District. ...Respondents/Respondents Prayer in WMP(MD). No.12738 of 2018 :- Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court to restore WP(MD)No.5638 of 2012 which was dismissed for default on 09.03.2018. Prayer in WP(MD).No.5638 of 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent proceedings in Na.Ka.No.12671E2(1)/2009 dated 14-7-2011 quash the same as illegal and consequently direct the respondents to regularize the service as well as promotion and fix the time scale and other benefits sanctioned to the petitioner [Prayer amended as per the order dt.16.06.14 in MP.1/14].

ORDER:-Writ Miscellaneous Petition coming up for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. N.S.Ramakrishna Dass, Advocate for the Petitioner and the respondents having not appeared either in person or through Advocate this Court made the following order:

This petition has been filed by the petitioner seeking to set aside the dismissal order dated 09.03.2018 and restore W.P(MD). No.5638 of 2012 which was dismissed for non-prosecution. https://hcservices.ecourts.gov.in/hcservices/ 1/2

WMP(MD). No.12738 of 2018 2.The learned counsel for the respondents is not present today. 3.Being satisfied with the reasons stated in the affidavit filed in support of the petition, the dismissal order dated 09.03.2018 passed in W.P(MD).No.5638 of 2012 is set aside and W.P (MD)No.5638 of 2012 is restored to file.

4.This petition is ordered accordingly.

5.Registry is directed to post the W.P(MD).No.5638 of 2012 for final hearing on 03.03.2020.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1 The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai.

2 The Assistant Director, Office of Khadi and Village Industries, Nagercoil, Kanyakumari District.

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai (To List the cases on 03.03.2020) ORDER DATED : 05/02/2020 HEARING DATED : 03/03/2020 ========================== RESTORATION ========================== WMP(MD). No.12738 of 2018 in WP(MD).No.5638 of 2012 Giving direction and etc.

as stated within.

VB(13.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2