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Madras High CourtWP/37466/2004dismissed as abated

Poovaiee Ammal v. The Collector,

2019-11-04Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2019

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.37466 of 2004 and W.M.P.No.44943 of 2004 Poovaiee Ammal W/o. Kannan (late) ... Petitioner Vs

1. The Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Kallakurichi, Villupuram District,

3. The Inspector of Police, Chinna Salem Police Station, Villupuram District ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 and 2 to initiate fresh enquiry regarding petitioner husband's custodial death and further direct the respondents to pay a sum of Rs.5,00,000/- lakhs as compensation for the custodial death alleged to have committed under the 3rd respondent custody.

For Petitioner : Mr. E.Vijay Anand For Respondents : Mr. K. Veeraraghavan, for R1 : Mr. I.Satish, AGP, for R2

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 and 2 to conduct fresh enquiry and to pay compensation of Rs.5 lakhs for the custodial death of the petitioner's husband.

2. The learned counsel for the petitioner would submit that he has no instruction from her client.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the second respondent, on instructions, would submit that pending writ petition, the sole writ petitioner died, the legal heirs of the writ petitioner are now residing in Kerala and they are not interested in prosecuting the case.

4. In the above circumstances, since the sole writ petitioner died and the legal heirs are not interested in prosecuting the case, this writ petition is dismissed as abated. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mrp To

1. The Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Kallakurichi, Villupuram District,

3. The Inspector of Police, Chinna Salem Police Station, Villupuram District +1cc to the Government Pleader SR.91540 W.P.No.37466 of 2004 KK(CO) CB(11/12/2019) https://hcservices.ecourts.gov.in/hcservices/