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Madras High CourtWP(MD)/8340/2015dismissed for default

R.Marthamuthu, v. The Joint Commissioner,

2021-11-17Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2021

CORAM

THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD)Nos.8340 to 8346 of 2015 and W.M.P.(MD)Nos.1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1 and 2 of 2015 W.P.(MD)No.8340 of 2015 R.Marthamuthu ... Petitioner in WP(MD)No.8340/2015 K.Natrayasamy ... Petitioner in WP(MD)No.8341/2015 K.Ramasamy Gounder ... Petitioner in WP(MD)No.8342/2015 R.Saravanakumar ... Petitioner in WP(MD)No.8343/2015 Murugesan @ Chinnathurai ... Petitioner in WP(MD)No.8344/2015 K.Periyasamy ... Petitioner in WP(MD)No.8345/2015 K.Karuppanapillai ... Petitioner in WP(MD)No.8346/2015 Vs.

The Joint Commissioner, Deputy Commissioner / Executive Officer (Full Additional Incharge) Arulmigu Dhandayuthapani Swamy Thirukoil, Palani, Dindigul District.

... Respondent in ALL W.Ps COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1038/2015/C7 dated 01.05.2015 and quash the same in respect of serial Nos.6 & 7 and consequently direct the respondent to fix the lease amount as per Section 34-A(1) and (2) of Hindu Religious and Charitable Endowment Act, 1959 by permitting the petitioner to continue as a lessee.

For Petitioner : No Appearance For Respondent : Mr.B.Ponnupandi for R.Murali COMMON ORDER This common order will govern the captioned seven writ petitions.

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2. Read this in conjunction with and in continuation of earlier common proceedings made in the captioned seven matters on 11.11.2021, 12.11.2021, 15.11.2021 and 16.11.2021, which read as follows:

'11.11.2021:

There is no representation for writ petitioner, but Mr.R.Manohar, learned Counsel representing Mr.K.Govindan, counsel on record for the lone respondent is before this virtual Court. However, with the intention of giving an opportunity to the writ petitioner and writ petitioner's counsel, list this captioned matter tomorrow.

List on 12.11.2021.

12.11.2021:

Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 11.11.2021 (Yesterday). The position is no different today. In other words, Mr.K.Govindarajan, learned counsel for the lone respondent is before this Court but there is no representation for the writ petitioner. However, with the intention of giving further opportunity to the writ petitioner and writ petitioner's counsel, Registry to list this matter on Monday. List on 15.11.2021.

15.11.2021:

Read this in conjunction with and in continuation of earlier proceedings made in the previous two listings on 11.11.2021 and 12.11.2021.

2. The position is no different today. In other words, learned counsel for lone respondent is before this Court, but there is no representation for writ petitioner today also. However, with the intention of giving further opportunity to writ petitioner and writ petitioner's counsel, let the matter be listed again tomorrow.

3. List on 16.11.2021.

16.11.2021:

Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 11.11.2021, 12.11.2021 and 15.11.2021.

2. The position is no different today. In other words, there is no representation for writ petitioner, but Mr.K.Govindarajan, learned private counsel for lone respondent (Executive Officer of the temple) is before this Court.

3. There has been no representation for writ petitioner for three consecutive successive listing. 2/3

Therefore, Registry to list this matter tomorrow albeit under the cause list caption 'FOR DISMISSAL'.

4. List tomorrow i.e., 17.11.2021 under the caption 'FOR DISMISSAL'.

2. Pursuant to the aforementioned proceedings made on 16.11.2021, captioned seven writ petitions have been listed today under the cause list caption 'FOR DISMISSAL', but the position is no different today notwithstanding the captioned matters being listed under the cause list caption 'FOR DISMISSAL'. Names called out in the Court and the adjoining corridors as well as on the VC. This is also does not evoke any response. The aforementioned trajectory will bring to light that there has been no representation for the writ petitioners in all the seven captioned writ petitions for five consecutive / successive listings, this being the fifth listing under the caption 'FOR DISMISSAL'.

3. In the light of the narrative thus far, captioned seven writ petitions are dismissed for default / non-prosecution. Consequently all the connected writ miscellaneous petitions are also dismissed for default/non-prosecution. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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 The Joint Commissioner, Deputy Commissioner / Executive Officer (Full Additional Incharge) Arulmigu Dhandayuthapani Swamy Thirukoil, Palani, Dindigul District.

W.P(MD)Nos.8340 to 8346 of 2015 17.11.2021 AR(CO) GC(29.11.2021) 3P 2C 3/3