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2003 Supreme(Mad) 2072

P.K.MISRA
A. Joseph Louis & Another – Appellant
Versus
State of Tamilnadu & Others – Respondent


Advocates Appeared:For The Petitioners:P.S.Raman, Advocate. For The Respondents: Thenmozhi Shivaperumal, AGP.

Judgment :-

Heard the learned counsel for the parties. The learned Additional Government Pleader appearing for the respondents has prayed for further time to obtain instruction. I am not inclined to accept such request, in view of the fact that the case has been adjourned on number of occasions as apparent from the various orders passed by different learned Judges on different occasions. From the records it appears that the writ petition was admitted during April 2002. After more than a year, when the matter was listed on 17.9.2003, a direction was given to the Government for production of file. On 24.9.2003, the matter was again posted to 13.10.2003 for production of file. This order clearly indicates that if the files are not produced on that day, the matter shall be decided on merits as if no subsequent withdrawal of exemption has been made by the respondents. Thereafter, on 20.10.2003, the learned single Judge has passed the following order:-

"Considering the issue raised and the stand taken by the petitioners, post the writ petition for final hearing on 1.12.2003. The respondents are permitted to file a counter affidavit in the meanwhile."

Thereafter the matter was listed on 22.











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