R. Chandramohan v. The Directorof Survey And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2020

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.Nos.19938 & 19939 of 2007 R.Chandramohan

...Petitioner in both W.Ps

Vs.

1.The Director of Survey & Settlements, Chennai - 600 005.

2.The Assistant Director of Survey and Land Records, Salem - 7.

3.N.Jayaraj, FIRKA Surveyor, Taluk Office, Tiruchengode Taluk, Rajaji District.

...Respondents in W.P.No.19938 of 2007

1.The Director of Survey & Settlements, Chennai - 600 005.

2.The Assistant Director of Survey and Land Records, Salem - 7.

3.K.Madhavan, Sub-Inspector of Suvery, Town Survey Unit-IV, Salem - 4.

4.P.Ramakrishnan, Firka Surveyor, Taluk Office, Salem.

5.P.Chinnaraju Firka Surveyor, Taluk Office, Salem.

...Respondents in W.P.No.19939 of 2007

(R3 to R5 impleaded as per order of this Court dated 29.09.2000 in M.A.No.31 of 2000) Prayer in W.P.No.19938 of 2007: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records of the second respondent in his proceedings Na.Ka.Enn.A4/19755/95 dated 19.1.1996 and consequential order Na.Ka.Enn.A4/10109/96(i) dated

22.10.1996 and all other or further proceedings arising therefrom, fixing the seniority of the Applicant below the consolidated pay employees of Draftman/Surveyors who were brought to time scale of pay after 10.8.1983 and quash the same so far as the applicant is concerned and direct the respondents to fix/continue to have, the seniority of the applicant in the category of Surveyor as per the Seniority of Surveyors fixed and followed immediately after the applicant was converted to the post of Surveyor from the regular category of Draftsman on 15.5.1989.

Prayer in W.P.No.19939 of 2007: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus calling for the Records of the Second Respondent in the petitioner's proceedings in S.L.A4/17309/98(4) dated 26.11.1998 and 18.02.1999 and quash the same so far as the said proceedings revert the petitioner from the post of Sub-Inspector of Survey to the Post of FIRKA SURVEYOR and further to the post of Surveyor and to direct the Respondents either to maintain the petitioner's Seniority as obtained before the above said order to revert the petitioner to the original category of post of Draftsman from which the petitioner was converted to the post of Field Surveyor on 15.05.1989, with due held by the petition in the Category of Regular Draftsman as on 15.05.1989.

For Petitioner in both W.Ps. : Mr.S.Krishnaswamy For Respondents in both W.Ps. : Mr.P.Chinnadurai, Additional Government Pleader COMMON ORDER Today when the matter is taken up for hearing, learned Additional Government Pleader appearing for the respondents would submit that the petitioner died as early as on 08.01.2016 itself. In support of the same, he has also produced a copy of the death certificate of the petitioner.

2. Sofar the legal representatives of the petitioner have not filed any substitution petition to implead themselves in these writ petitions.

3. In view of the above, these writ petitions are dismissed as abated. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nl

To 1.The Director of Survey & Settements, Chennai - 600 005.

2.The Assistant Director of Survey and Land Records, Salem - 7.

+1cc to the Government Pleader, SR.NO.37947 W.P.Nos.19938 & 19939 of 2007 RVR(CO) KKV/31/12/2020