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Madras High CourtWP/23428/2005dismissed as abated

K.A. Chenniappan, v. The Commissioner And Secretary

2021-01-05Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 05.01.2021

CORAM:

THE HON'BLE MR. JUSTICE R.SURESH KUMAR W.P.No.23428 of 2005 and W.P.M.P.No.25558 of 2005 K.A.Chenniappan ........ Petitioner Vs.

1.The Commissioner and Secretary, Handloom, Textile and Khadi Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai - 600 108.

3.The Regional Deputy Director, Khadi and Village Industries, Tirupur-3.

........ Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarifiled Mandamus to call for the records of the second respondent in Proceeding Na.Ka.No.17484/O1/2004, dated 06.06.2005 and to quash the same and consequently direct the second respondent to pay the Dearness Allowance on the provisional pension sanctioned from 01.05.2004 and to continue to pay the Dearness Allowance on the provisional pension in accordance to G.O.Ms.No.575, Finance (Pension) Department, dated 7th July 1994.

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For Petitioner : Mrs.Malarvizhi Udayakumar For Respondents : Mr.K.Magesh Special Government Pleader

ORDER

Mrs.Malarvizhi Udayakumar, learned counsel appearing for the petitioner submits that, the petitioner is no more and despite the best efforts taken by the counsel, they could not contact any legal heirs and there has been no instruction from the legal heirs of the petitioner to implead them as party petitioners to pursue the matter and therefore, this writ petition may be disposed of by taking into the aforesaid development as no instruction or for want of instruction.

2.Recording the said submission made by the learned counsel appearing for the petitioner, this writ petition is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. 05.01.2021 Sgl 2/4

To 1.The Commissioner and Secretary, Handloom, Textile and Khadi Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai - 600 108.

3.The Regional Deputy Director, Khadi and Village Industries, Tirupur-3.

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R.SURESH KUMAR, J.

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