Madras High Court
K.P.Sivakumar vs The Principal Secretary To ... on 6 April, 2023
W.A.Nos.806, 815 & 816 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.04.2023
CORAM
THE HONOURABLE Mr. JUSTICE R.MAHADEVAN
AND
THE HONOURABLE Mr. JUSTICE MOHAMMED SHAFFIQ
W.A.Nos.806, 815 & 816 of 2023
and C.M.P.Nos.7703, 7756 and 7758 of 2023
K.P.Sivakumar .. Appellant
in W.A.No.806 of 2023
S.Suresh .. Appellant
in W.A.No.815 of 2023
K.Devan .. Appellant
in W.A.No.816 of 2023
Vs.
1.The Principal Secretary to Government,
School Education Department,
Secretariat, Chennai – 600 009.
2.Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai – 600 006.
3.The Director,
Directorate of School Education,
DPI Campus, 68, College Road,
Chennai – 600 006.
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W.A.Nos.806, 815 & 816 of 2023
4.Principal Secretary to Government,
Social Welfare and Nutritious Meal
Programme Department,
Secretariat, Chennai – 600 009. .. Respondents
in all appeals
Common Prayer: Writ Appeals filed under Clause 15 of the Letters Patent
against the common order dated 05.01.2023 passed in W.P.Nos.29801,
31914 & 30075 of 2014 on the file of this Court.
For Appellant
in all appeals : Mr.R.Prabhakaran
For RR 1, 3 & 4
in all appeals : Mr.Stalin Abimanyu
Additional Government Pleader
For R2
in all appeals : Mr.K.Sathish Kumar
Standing Counsel
COMMON JUDGMENT
[Judgement of the Court was delivered by R.MAHADEVAN, J.]
Challenging the common order dated 05.01.2023 passed by the
learned Judge in W.P.Nos.29801, 31914 & 30075 of 2014, the appellants
have preferred the present appeals.
2. The learned counsel for the appellants drew the attention of this
Court to the impugned common order dated 05.01.2023, which reads as
under:
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W.A.Nos.806, 815 & 816 of 2023
“On 07.12.2022, these writ petitions were directed to be
posted under the caption 'for orders'. On 12.12.2022, when the
matter was taken up for hearing, there was no representation for the
petitioners and the writ petitions were directed to be posted under the
caption 'for dismissal' on 13.12.2022. On 13.12.2022, the writ
petitions were directed to be listed on 15.12.2022 by removing the
caption 'for dismissal'.
2.When the matter was taken up for hearing on 15.12.2022,
the learned counsel for the petitioners sought for adjournment and
the writ petitions were directed to be listed under the caption 'for
dismissal' on 05.01.2023. Today, even though the writ petitions are
listed under the caption 'for dismissal', the learned counsel for the
petitioners seek adjournment.
3.From this it is clear that the petitioners are not interested in
prosecuting the case. Hence, these writ petitions are dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.”
Pointing out the same, the learned counsel submitted that the learned Judge
dismissed the writ petitions, without hearing the appellants and hence,
liberty may be given to them to file petitions seeking restoration of the writ
petitions.
3. In view of the above submissions made by the learned counsel
for the appellants, all these writ appeals stand disposed of, granting two
weeks time from the date of receipt of a copy of this order, to the appellants
for filing restoration petitions. No costs. Connected C.M.Ps. are closed.
[R.M.D., J.] [M.S.Q., J.]
06.04.2023
Index: Yes / No
Speaking order/ Non-speaking order
Neutral Citation: Yes / No
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W.A.Nos.806, 815 & 816 of 2023
nsd
To
1.The Principal Secretary to Government,
School Education Department,
Secretariat, Chennai – 600 009.
2.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai – 600 006.
3.The Director,
Directorate of School Education,
DPI Campus, 68, College Road,
Chennai – 600 006.
4.The Principal Secretary to Government,
Social Welfare and Nutritious Meal
Programme Department,
Secretariat, Chennai – 600 009.
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W.A.Nos.806, 815 & 816 of 2023
R.MAHADEVAN, J.
AND
MOHAMMED SHAFFIQ, J.
nsd
W.A.Nos.806, 815 & 816 of 2023
06.04.2023
https://www.mhc.tn.gov.in/judis
