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2024 Supreme(Mad) 1307
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Abdul Quddhose, J.
C.Chelladurai - Petitioner
Versus
The Vice Chancellor, Tamil Nadu Teachers Education University and ors. – Respondents
W.P.(MD)No.16046 of 2017 and W.M.P.(MD)Nos.12706 & 12707 of 2017
Decided On : 16-08-2024
Important Points
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the case.
Subject
Civil Law - Writ Jurisdiction
Act Referred
Headnote
Writ Petition - Non-Prosecution - The court dismissed the writ petition for non-prosecution due to the petitioner's failure to appear in court on multiple occasions, indicating a lack of interest in pursuing the matter. The court emphasized the importance of representation in legal proceedings and the consequences of failing to do so.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash an order related to a notification issued by the second respondent and to direct the issuance of a fresh notification as per UGC norms.
Finding of the Court:
The court noted the absence of representation from the petitioner during the last hearing and the current hearing, leading to the conclusion that the petitioner was not interested in prosecuting the case.
Issues: Whether the writ petition should be dismissed for non-prosecution due to the petitioner's failure to appear in court.
Ratio Decidendi: The court held that a party's failure to appear and prosecute their case can result in dismissal, reinforcing the principle that active participation is essential in legal proceedings.
Result: The writ petition was dismissed for non-prosecution, with no order as to costs, and connected miscellaneous petitions were closed.
Advocate Appeared:
For the Respondent: Mr.M.Sivakumar
ORDER :
Abdul Quddhose, J.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in Notification dated 11.07.2017 in Advt. No.TNTEU/R/Registration Advt/2017/1702 and quash the same as illegal and direct the second respondent to issue fresh notification as per UGC Norms.
There was no representation for the petitioner in the last hearing. The matter is listed under the caption “for dismissal” today. Even today, there is no representation for the petitioner. It can now be inferred that the petitioner is not interested in prosecuting this matter.
2.Accordingly, this Writ Petition is dismissed for Non- Prosecution. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
