2024 Supreme(Mad) 1176

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
R.Poongothai – Appellant
Versus
Tamil Nadu Public Service Commission – Respondent
W.P.(MD)No.7802 of 2021 and W.M.P.(MD)No.5942 of 2021
Decided on : 20-08-2024

IMPORTANT POINT
A writ petition can be dismissed for non-prosecution if the petitioner shows a lack of interest in pursuing the case.

Headnote:

Writ Petition - Non-Prosecution - The court dismissed the writ petition for non-prosecution due to the petitioner's lack of interest in pursuing the case, as evidenced by the absence of a new counsel and no further action taken since the last hearing date.

Fact of the Case:

The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus for the revaluation of her answer sheet for an exam conducted in 2019 and to proceed with the selection process for the post of Assistant System Engineer and Assistant System Analyst.

Finding of the Court:

The court noted that the petitioner had not engaged a new counsel after changing representation and had shown no interest in prosecuting the case, leading to the conclusion that the writ petition should be dismissed.

Issues: Whether the writ petition should be dismissed for non-prosecution due to the petitioner's inaction and lack of representation.

Ratio Decidendi: The court emphasized the importance of prosecuting a writ petition actively and the consequences of failing to do so, which justified the dismissal of the case.

Result: The writ petition was dismissed for non-prosecution, with no order as to costs, and the connected miscellaneous petition was closed.