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Madras High CourtWP/13330/2013dismissed as abated

K.B.Murali v. The District Elementary

2023-07-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.13330 of 201 3 and MP.Nos.1 & 2 of 2013 K.B.Murali ... Petitioner Vs.

1.The District Elementary Educational Officer, Thiruvallur District, Thiruvallur 2.The Additional Assistant Elementary Educational Officer, Pallipet, Thiruvallur District 3.The Correspondent / Manager, ANM Aided Middle School, Konetampet, Pallipet Range, Thiruvallur District ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the entire records pertaining to the impugned order passed by the first respondent herein vide his proceedings A.thi.Mu.No.4264/A/2012 dated 21.01.2013 insofar as it relates to para No.6 is concerned and quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of 1/4

natural justice and thereby direct the first respondent to approve the promotion and appointment of the petitioner as B.T.Grade Head Master, ANM Aided Middle School, Konetampet, Pallipet Range, Thiruvallur District.

For Petitioner : Mr.A.R.Suresh for Mr.V.Thirupathi For Respondents For R1 & 2 : Mr.M.P.Murugan Raja, Government Advocate

ORDER

This writ petition has been filed to issue a writ of certiorarified mandamus calling for the entire records pertaining to the impugned order passed by the first respondent herein vide his proceedings A.thi.Mu.No.4264/A/2012 dated 21.01.2013 insofar as it relates to para No.6 is concerned and quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the first respondent to approve the promotion and appointment of the petitioner as B.T.Grade Head Master, ANM Aided Middle School, Konetampet, Pallipet Range, Thiruvallur District. 2.

The learned counsel for the petitioner submitted that the petitioner died and the legal representatives of the petitioner also did not take any steps to substitute themselves as party to the writ petition. 2/4

3.

Therefore, the prayer sought for in this writ petition has abated. Accordingly, this writ petition is dismissed as abated. In view of the order passed in this writ petition, the miscellaneous petition in MP.No.2 of 2013 to implead the petitioner therein as fourth respondent in the above writ petition is closed. Consequently, miscellaneous petition in MP.No.1 of 2013 is also closed. There shall be no order as to costs. 25.07.2023 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok To 1.The District Elementary Educational Officer, Thiruvallur District, Thiruvallur 2.The Additional Assistant Elementary Educational Officer, Pallipet, Thiruvallur District 3.The Correspondent / Manager, ANM Aided Middle School, Konetampet, Pallipet Range, Thiruvallur District 4.The Government Advocaote, Madras High Court 3/4

G.K.ILANTHIRAIYAN, J.

lok WP.No.13330 of 2013 25.07.2023 4/4