Madras High Court
S.Rajendran vs P.Jayaraman on 31 August, 2023
W.A.No.3396 of 2019 and
W.P.No.8676 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P. B.BALAJI
W.A.No.3396 of 2019 and
CMP No.21835 of 2019
and
W.P.No.8676 of 2018 and
WMP Nos.10599 & 10606 of 2018
In W.A.No.3396/2019
S.Rajendran ... Appellant
Vs.
1. P.Jayaraman
2. The Secretary, Salem Agricultural Sales Committee,
Uthamasolapuram, Salem.
3. The Deputy Director of Agriculture,
Sales and Commerce, Room No.404,
District Collector Campus, Salem-1. ... Respondents
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W.A.No.3396 of 2019 and
W.P.No.8676 of 2018
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order passed by this Court in W.P.No.13561 of 2018 dated 25.01.2019.
In W.P.No.8676 of 2018
S.Rajendran ... Petitioner
Vs.
1. The Secretary, Salem Agricultural Sales Committee,
Uthamasolapuram, Salem.
2. The Executive Officer, Hasthampatti Uzhavar Sandhai,
Salem-10.
3. P.Jayraman. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
seeking to issue a writ of Certiorarified Mandamus, calling for the records
pertaining to the proceedings of the first respondent in
Na.Ka.No.A4/1037/2018 dated 22.03.2018 and quash the same as illegal,
incompetent and ultravires and consequently, direct the the respondents to
renew the lease of petitioner's shop at Hasthampatti Uzhavar Sandhai,
measuring to an extent of 50 sq.ft. and permit him to continue to run his tea
shop and canteen at Uzhavar Sandhai, by considering his representation
dated 27.02.2018.
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W.A.No.3396 of 2019 and
W.P.No.8676 of 2018
In Writ Appeal
For Appellant : No appearance
For Respondents : Mr.Bala Ramesh for second respondent
Mrs.P.Rajarajeswari, Govt. Advocate
for the third respondent
In Writ Petition
For Petitioner : No appearance
For first respondent : Mr.Balaramesh
COMMON JUDGEMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
Both the writ appeal as well as the writ petition have been filed by
one S.Rajendran.
2. When the W.A.No.3396/2019 was listed for hearing on
29.08.2023, there was no representation on behalf of the appellant. Hence,
the matter was directed to be listed today under the caption for dismissal.
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W.A.No.3396 of 2019 and
W.P.No.8676 of 2018
3. Earlier, the Writ Petition in W.P.No.8676/2018 was directed to be
tagged along with the writ appeal in W.A.No.3396/2019, as per the order of
the Division Bench of this Court dated 15,10.2019. Subsequently, as per
the order of the Hon'ble Acting Chief Justice, dated 27.01.2022, the matters
were directed to be tagged and posted before a Division Bench, as per the
roster. Accordingly, both the writ appeal and the writ petitions are posted
today, before this Bench.
4. As far as the writ appeal is concerned, though the matter is of the
year 2019 and is listed under the caption for dismissal, none appeared on
behalf of the appellant, which clearly shows that the appellant is not
interested in prosecuting the case. Hence, the writ appeal is dismissed as
non prosecution. No costs. Consequently, connected miscellaneous
petition is closed.
5. As far as the writ petition is concerned, already the matter was
dismissed for non prosecution, vide order dated 25.01.2019 and thereafter,
by allowing the restoration petition filed by the petitioner in WMP
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W.A.No.3396 of 2019 and
W.P.No.8676 of 2018
No.4672/2019, the matter was restored to file, vide order dated 13.02.2019.
In such circumstances, today, the matter is listed for hearing along with the
above writ appeal. However, there is no representation on behalf of the
petitioner, which clearly shows that he is not interested in prosecuting the
case. Hence, the writ petition is dismissed for non prosecution. No costs.
Consequently, connected miscellaneous petitions are closed.
(D.K.K.J.) (P.B.B.J.)
31.08.2023
Internet: Yes/No
Index : Yes/No
mst
To
1. The Secretary, Salem Agricultural Sales Committee,
Uthamasolapuram, Salem.
2. The Deputy Director of Agriculture,
Sales and Commerce, Room No.404,
District Collector Campus, Salem-1.
3. The Executive Officer,
Hasthampatti Uzhavar Sandhai,
Salem-10.
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W.A.No.3396 of 2019 and
W.P.No.8676 of 2018
D.KRISHNAKUMAR, J.
and
P. B.BALAJI, J.
mst
W.A.No.3396 of 2019 and
W.P.No.8676/2018
31.08.2023
https://www.mhc.tn.gov.in/judis
