Madras High CourtWP(MD)/21978/2021dismissed for nonprosecution

Veluchamy.P v. The District / Divisional Forest Officer

2024-09-10Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE P.Veluchamy ... Petitioner Vs.

1.The District / Divisional Forest Officer, Dindigul District.

2.The District / Divisional Forest Officer, Trichirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of of Mandamus, directing the respondents to alter petitioners date of birth from 15-05-1960 to 06-12-1963 by accepting his representation dated 04-05-2005 which sent through "certificate of posting" by following the principles laid down by the Honourable Apex court in the case of Mohd.Asif Naseer Vs West Watch Company through its proprietor in Civil Appeal No. 2375/2020, and the case of Samittri Devi Vs Sampuran Singh (2011) 3 SCC 556 and consequently direct them to change petitioner's service register accordingly for extending his service benefits.

1/4

For Petitioner : No Appearance For R-1 and R-2 : Mrs.D.Farjana Ghoushia, Special Government Pleader

O R D E R

There is no representation on the side of the petitioner.

2. On 13.08.2024, learned Special Government Pleader appearing for the respondents submitted before this court that the present Writ Petition is not maintainable. Since the petitioner has filed this Writ Petition once again despite the fact that the very same petitioner had already filed a Writ Petition for Mandamus which was considered and pursuant to the said order, the representation of the petitioner was considered and rejected and the said rejection order was challenged through another Writ Petition and the same was dismissed. It was further submitted by the learned Special Government Pleader that aggrieved by the same, a Writ Appeal was also filed by the petitioner before this Court and the same was also dismissed. Thereafter, a Review Application was also filed.

3. On 13.08.2024, learned counsel for the petitioner sought time to get instructions with regard to the submissions made by the learned Special 2/4

Government Pleader. The matter was then adjourned to 03.09.2024. On the said date, learned counsel appearing for the petitioner sought time to get instructions for withdrawal of this Writ Petition and the matter was adjourned to 10.09.2024 for the said purpose. Even today, there is no representation on behalf of the petitioner.

4. In view of the same, this Writ Petition is dismissed for nonprosecution. No costs. 10.09.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The District / Divisional Forest Officer, Dindigul District.

2.The District / Divisional Forest Officer, Trichirappalli District.

3/4

ABDUL QUDDHOSE, J.

TSG 10.09.2024 4/4