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Madras High CourtWP/13086/2016dismissed as abated

R.Hariharapudra Pillai, v. The Chairman

2024-09-12Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2024

CORAM:

THE HON'BLE MRS.JUSTICE.N.MALA and WMP.Nos.11455 & 11456 of 2016 R.Hariharapudra Pillai ... Petitioner vs.

1.The Chairman, Tamil Nadu Slum Clearance Board, 5, Kamarajar Salai, Chennai - 600 005.

2.The Managing Director, Tamil Nadu Slum Clearance Board, 5, Kamarajar Salai, Chennai - 600 005.

3.Tamil Nadu Slum Clearance Board, Rep. by its Secretary and Personal Officer, 5, Kamarajar Salai, Chennai - 600 005.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the record of the first respondent dated 09.06.2015 and made in Na.Ka.No.A4-19921/2013 and consequential order of the second respondent dated 07.08.2015 and made in Na.Ka.No.A1-19921/2013 and quash the order of the respondents as illegal and without jurisdiction and consequently direct the respondents to re-fix the Pay of petitioner in the Cadre Junior Assistant from 5200-20200 + 2400 to 93001/4

34800+4400 in terms of Boards Resolution dated 21.02.2014 and circular of first respondent dated 19.03.2014 and made in No.A1/22455/2010. For Petitioner : Mr.G.Ravishankar For R1 to R3 : Mr.S.Karthikeyan & B.Balaji * * * *

O R D E R

This writ petition is filed to quash the impugned orders as illegal and without jurisdiction and consequently direct the respondents to re-fix the Pay of petitioner in the Cadre Junior Assistant from 5200-20200 + 2400 to 930034800+4400 in terms of Boards Resolution dated 21.02.2014 and circular of first respondent dated 19.03.2014 and made in No.A1/22455/2010. 2.The learned counsel for the petitioner submits that the petitioner died and he has no instructions from the legal heirs of the deceased petitioner. 3.The learned counsel for the respondents submits that the petitioner died as early as on 20.08.2020, but no steps are taken till date by the petitioner's counsel to implead the legal heirs and so the writ petition should be dismissed as abated.

4.Considering the submissions made by the respondent's counsels and in view of the petitioner's counsel's submission that he has no instructions from the 2/4

legal heirs of the petitioner, this Court is of the view that no purpose will be served by keeping the writ petition pending. The writ petition is therefore dismissed as abated. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 12.09.2024 Index : Yes / No Internet : Yes / No ah To 1.The Chairman, Tamil Nadu Slum Clearance Board, 5, Kamarajar Salai, Chennai - 600 005.

2.The Managing Director, Tamil Nadu Slum Clearance Board, 5, Kamarajar Salai, Chennai - 600 005.

3.Tamil Nadu Slum Clearance Board, Rep. by its Secretary and Personal Officer, 5, Kamarajar Salai, Chennai - 600 005.

N.MALA, J.

ah 3/4

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