Palani ( Deceased ) v. The Executive Engineer, Tneb

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.A.NO.418 OF 2013 AND M.P.NO.1 OF 2013 Palani (deceased) 2.Rani 3.Muruganandham 4.Sivakumar 5.Naveen 6.Solaiyammal ... Appellants (appellants 2 to 6 brought into record as LRs of the deceased 1st appellant vide Court Order dated 15.04.2021 passed in C.M.P.No.19995 of 2019 in W.A. No.418 of 2013) vs

1. The Executive Engineer TNEB, Operation and Maintenance, Thuraiyur Post, Trichy District.

2.The Chairman, Tamilnadu Electricity Board, Annasalai,Chennai.

3.Subbaiya 4.Duraisamy ... Respondents

Prayer: Writ Appeal filed under clause 15 of the Letters Patent Act against the order dated 08.06.2012 made in W.P.No.31744 of 2002.

Prayer in W.P.No.31744 of 2002:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay the compensation of Rs.5,00,000/- for the death of the Petitioner's son.

For Appellants :

Mrs.Shobana For Respondents :

Mr.P.Gururaj, for R1 and R2 Mr.N.Sivagama Sundari for R3 R4 - No appearance

JUDGMENT

[Judgment of this Court was delivered by T.RAJA, J.] When the matter is taken up for hearing, we are able to see that several adjournments have been granted for taking steps to bring the legal heirs of respondents 3 and 4 on record, namely, on 24.09.2019, 15.04.2021, 23.07.2021, 19.11.2021, 06.12.2021. But, till date, neither step has been taken nor petition has been filed for impleading the legal heirs of the deceased on record. Therefore, we are of the view that this appeal could be dismissed for un-necessarily protracting the matter. Accordingly, this appeal stands dismissed. Consequently, M.P.No.1 of 2013 stands closed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vga To

1. The Executive Engineer TNEB, Operation and Maintenance, Thuraiyur Post, Trichy District.

2. The Chairman, Tamilnadu Electricity Board, Annasalai,Chennai.

+1cc to Mr.M.Abulkalam, Standing Counsel(TNEB), Advocate, S.R.No.8075 W.A.No.418 of 2013 and M.P. No.1 of 2013 NR(CO) RLP(25/02/2022)