Madras High CourtWA(MD)/142/2011dismissed for nonprosecution

M/S. Tirunelveli Lime Products v. The Assistant Provident Fund

2017-04-06Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) Nos.142 & 143 of 2011 and M.P.(MD) Nos.2 & 2 of 2011 M/s.Tirunelveli Lime Products rep.by its Managing Partner Ms.Radhika Raman Abcoy Gardens, Sankar Nagar Tirunelveli-627 357 ... Appellant in both Appeals -vs1.The Assistant Provident Fund Commissioner 2.The Enforcement Officer Compliance Circle-III NGO "B" Colony, Tirunelveli-627 007 ... Respondents in both appeals PRAYER (in W.A.(MD) No.142 of 2011) : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 06.10.2010, made in W.P.No.4514 of 2008.

Prayer in WP(MD). 4514/ 2008 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarrified Mandamus to call for the records and quash the orders bearing No. TN/TNY/10729/14B/100017/PDC(1)/2008 dated 28/04/2008 passed by the first Respondent

PRAYER (in W.A.(MD) No.143 of 2011) : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 06.10.2010, made in W.P.No.4515 of 2008.

Prayer in WP(MD). 4515/ 2008 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records and quash the orders bearing No. TN/TNY/10729/7Q/100017/PDC(1)/2008 dated 28/04/2008 passed by the first Respondent For Appellant :

No appearance (in both appeals) For Respondents :

Mr.K.Murali Sankar (in both appeals) C O M M O N J U D G M E N T [Judgment of the Court by T.S.SIVAGNANAM, J.] When the matter came up for hearing on 04.04.2017, there was no representation on behalf the appellant and hence, it was posted on 05.04.2017 under the caption "For dismissal". On 05.04.2017 also, there was no representation on behalf of the appellant and hence it was posted today i.e., 06.04.2017 under the same caption. Even today i.e., 06.04.2017, when the matter was taken up for hearing, again there was no representation for the appellant. In such circumstances, this Court has no other option except to dismiss the appeals for non-prosecution.

2. Accordingly, both the writ appeals are dismissed for nonprosecution. No costs.

Consequently, connected civil miscellaneous petitions are closed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The Assistant Provident Fund Commissioner

2.The Enforcement Officer Compliance Circle-III +2 cc to Mr.K.Muralishankar Advocate in SR.No:50813,50814 Krk/skm AE/SV MMS/18.04.2017/3P/5C W.A.(MD) Nos.142 & 143 of 2011 and M.P.(MD) Nos.2 & 2 of 2011 06.04.2017