IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
State of Tamil Nadu, Rep. by the General Manager (Admn), O/o the Managing Director, Tamil Nadu Civil Supplies Corporation & Ors. - Appellants
Versus
V. Meiyalagan - Respondent
W.A. No. 924 of 2021 and C.M.P. No. 5430 of 2021
Decided On : 26-06-2024
NON-PROSECUTION - WRIT APPEAL - The court dismissed the writ appeal due to the appellants' failure to appear and pursue the matter, indicating a lack of interest in the case.
Fact of the Case:
The appellants filed a writ appeal under Clause 15 of Letters Patent against the final order passed in W.P.No.34384 of 2014 dated 07.07.2017.
Finding of the Court:
The court noted that the appellants failed to appear for the hearing on multiple occasions, leading to the conclusion that they were not interested in pursuing the appeal.
Issues: Whether the writ appeal should be dismissed for non-prosecution due to the appellants' absence.
Ratio Decidendi: The court held that the absence of the appellants on multiple occasions justified the dismissal of the appeal for non-prosecution.
Result: The Writ Appeal was dismissed for non-prosecution, and the connected Miscellaneous Petition was closed.
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to allow the writ appeal by setting aside the final order passed in W.P.No.34384 of 2014 dated 07.07.2017 as illegal.]
When the matter was listed for hearing on 20.06.2024, none appeared on behalf of the appellants. Thus, this Court passed an order, directing the Registry to list the matter on 24.06.2024 under the caption “For Dismissal”.
2. Even today i.e., on 26.06.2024, when the matter is taken up for hearing, none appeared for the appellants. Thus, it is evident that the appellants are not interested in pursuing the matter.
3. Accordingly, the Writ Appeal stands dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is closed.
A writ appeal can be dismissed for non-prosecution if the appellants fail to appear and show interest in pursuing the case.
Active participation in legal proceedings is essential, and failure to appear can lead to dismissal of appeals.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in the proceedings.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in pursuing the case.
All petitioners must be included in a writ appeal challenging a common order to ensure maintainability.
Writ appeals can be dismissed as infructuous when the underlying cause of action has ceased to exist.
A legal action becomes infructuous when the underlying cause for the action ceases to exist, warranting dismissal of the appeal.
A Writ Appeal can be dismissed if the appellant indicates through counsel that it is not being pursued.
A writ appeal can be dismissed as infructuous if the parties indicate that the matter is no longer in contention.
The amendment to the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 can nullify existing disputes, leading to the dismissal of related legal proceedings.
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