R.Rajendran v. The Govt.Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.No.39727 of 2004 and WPMP.No.47347 of 2004 R.Rajendran ... Petitioner -Vs.- 1.The Government of Tamilnadu, rep. by the Secretary to Government, Tamil Culture Development and Hindu Religious Endowment Department, Fort St. George, Chennai-600 009.

2.The Commissioner, Hindu Religious & Charitable Endowments Administration Department, Chennai-600 034.

3.T.Mahadevan Deputy Commissioner-cum-Executive Officer, Sri Kamatchiamman Temple, Mangadu-602 101.

Kancheepuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider and promote the petitioner as Assistant Commissioner by including his name in 1993-94 panel, by placing his name above the third respondent and consequently, consider and promote the petitioner as Deputy Commissioner by including his name in 1995-96 panel by placing him above the 3rd respondent with all the attendant and accrued benefits.

For Petitioner : Mr.C.Karthik for Mr.K.Rajasekaran For Respondents : Mr.G.Sarath Babu for Mr.NRR.Arun Natarajan Government Advocate for R1 & R2 R3-No Appearance

O R D E R

Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 27.08.2021, which reads as follows:

'Mr.Karthik, learned counsel representing the counsel on record for writ petitioner and Mr.NRR.Arun Natarajan, learned State counsel for official respondents 1 and 2 are before this Virtual Court.

2. Learned State counsel submits that writ petitioner is no more and his date of demise is 07.09.2008. To be noted, the matter pertains to inclusion of the name of writ petitioner in the panel for promotion to the post of Assistant Commissioner. Learned counsel for writ petitioner requests for a short accommodation to ascertain the obtaining position and revert to this Court. Request acceded to.

List on 06.09.2021. It is made clear that the next listing shall be peremptory.

List on 06.09.2021.'

2. Today, Mr.C.Karthik, learned counsel representing Mr.K.Rajasekaran and Mr.G.Sarath Babu, learned counsel representing Mr.NRR.Arun Natarajan, learned State counsel on behalf of respondents 1 and 2 are before this virtual Court.

3. Adverting to earlier proceedings made in the previous listing on 27.08.2021, learned counsel Mr.C.Karthik submits that it is correct to say that writ petitioner is no more and learned counsel, who has since obtained instructions, submits that writ petition has become infructuous and therefore, the same may be disposed of as closed.

4. Recording the aforementioned stated position, captioned writ petition is disposed of as closed (having become infructuous). Though obvious, it is made clear that no opinion or view has been expressed on the merits of the matter in this order. There shall be no order as to costs. Consequently, connected WPMP being WPMP.No.47347 of 2004 is also disposed of as closed.

Sd/- Assistant Registrar (CS-V) // True Copy // Sub Assistant Registrar kmi To 1.The Secretary to Government, Government of Tamilnadu, Tamil Culture Development and Hindu Religious Endowment Department, Fort St. George, Chennai-600 009.

2.The Commissioner, Hindu Religious & Charitable Endowments Administration Department, Chennai-600 034.

+1CC to The Government Pleader, SR.No. 45285 W.P.No.39727 of 2004 and WPMP.No.47347 of 2004 JP II(CO) B.VC (27/09/2021)