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Madras High CourtWP/20118/2005dismissed as abated

C.Ramamurthy v. The Government Of Tamil Nadu

2020-12-18Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2020

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.Nos.20118, 20124, 20126 & 15227 of 2005 C. Ramamurthy ... Petitioner (In all petitions) Vs.

1. The Government of Tamil Nadu rep. by its Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

... 1st respondent (in all the Writ Petitions)

2. The Inspector General of Prison, Chennai - 600 008.

... 2nd Respondent (In W.P. No.20124 of 2005) Prayer: All Writ Petitions filed praying to issue a Writ of Certiorarified Mandamus or any other writ or order in the nature of writ calling for the records relating to the proceedings: (i) G.O.(Rt) No.1127 Home Prison I Dept./dated 11.08.1999 and letter No.104851/Prison 1/2004-2 dt.17.01.2005 of the respondent in W.P.No.20118 of 2005, (ii)No.56788/CS1/2001 dated 14.12.2001 of 2nd respondent, (iii) G.O.Ms.No.1518 Home (Prison I) Dept. dated 16.11.1999 and Government Letter No.105899/Prison I/2004-3 dated 19.01.2005 of the respondent (iv) G.O. Ms.No.57 Home [Prison I] Department dated 27.01.1998 and quash the same and consequently to direct the respondent and the 1st Respondent in WP.20118,20126, WP.20214 of 2005 and 15227 of 2005 to award the all eligible benefits to the petitioner.

For Petitioner : No Appearance For Respondents : Mr.K. Magesh (Spl. Government Pleader) ******

O R D E R

All these Writ petitions have been filed praying to issue Writ of Certiorarified Mandamus or any other writ or order in the nature of writ calling for the records relating to the proceedings: (i) G.O.(Rt) No.1127 Home Prison I Dept./dated 11.08.1999 and letter No.104851/Prison 1/2004-2 dt.17.01.2005 of the respondent in W.P.No.20118 of 2005, (ii)No.56788/CS1/2001 dated 14.12.2001 of the 2nd respondent, (iii) G.O.Ms.No.1518 Home (Prison I) Dept. dated 16.11.1999 and Government Letter No.105899/Prison I/2004-3 dated 19.01.2005 of the respondent (iv) G.O. Ms.No.57 Home [Prison I] Department dated 27.01.1998 and quash the same and consequently to direct the respondents to award the all eligible benefits to the petitioner.

2. When the matter came up for hearing today, it is represented by the learned Special Government Pleader appearing for the respondents that pending disposal of the writ petitions, the writ petitioner in all writ petitions died on 22.03.2020 itself but, till date no legal representative was brought on record since they are not interested to proceed the case further. Therefore, the writ petition has to be dismissed as abated. In this regard, Death Certificate of the Deceased and letters received from the wife of the deceased have been submitted before this Court.

3. Recording the aforesaid submission made by the learned Special Government Pleader and copy of the death Certificate, since till date, no one has brought on record as legal representative of the petitioner even when the petitioner died on 22.03.2020, this Writ petitions are dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed if any.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar lbm To:

1. The Secretary to Government, The Government of Tamil Nadu Home Department, Fort St. George, Chennai - 600 009.

2. The Inspector General of Prison, Chennai - 600 008.

Spring Haven Road, Chennai - 600 001.

+1 cc to Government Pleader sr42293 W.P.Nos.20118, 20124, 20126 & 15227 of 2005 rp(co) aa27/01/2021