Case Note & Summary
The petitioner, L. Saravanan, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the second and third respondents (Commissioner of Salem Municipal Corporation and Zonal Chairman, Kondalampatti) to demolish unauthorised construction of two feet square pedestals located between Angu coffee bar and Shanthi Hospital on Itteri Road within ward No. 55 of Salem Municipal Corporation. When the matter was called on 16.03.2026, there was no representation for the petitioner, so the matter was listed under the caption 'For Dismissal' on 17.03.2026. On that day as well, there was no representation for the petitioner. Consequently, the Division Bench of the Madras High Court, comprising Justice S.M. Subramaniam and Justice K. Surender, dismissed the writ petition for non-prosecution. No costs were awarded, and all connected miscellaneous petitions were closed. The court did not adjudicate on the merits of the case due to the petitioner's absence.
Headnote
A) Civil Procedure - Dismissal for Non-Prosecution - Writ of Mandamus - Petitioner sought demolition of unauthorised pedestals but failed to appear on two consecutive hearings - Court dismissed the writ petition for non-prosecution with no costs - Held that absence of petitioner indicates lack of interest in prosecution (Paras 2-3).
Issue of Consideration
Whether the writ petition seeking mandamus to demolish unauthorised construction should be entertained when the petitioner fails to appear.
Final Decision
Writ petition dismissed for non-prosecution. No costs. Connected miscellaneous petitions closed.
Law Points
- Dismissal for non-prosecution
- Writ of mandamus
- No representation
