Madras High CourtWP/36686/2005dismissed as abated

M.S.Chinniah v. The District Collector

2021-01-04Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HON'BLE MR.JUSTICE R. SURESH KUMAR W.P.No.36686 of 2005 M.S.Chinniah ..Petitioner -Vs1 The District Collector, Pudukkottai.

2 The Commissioner, Poonamaravathy Panchayat Union, Ponnamaravathy Pudukkottai District.

..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari to call for the records and to quash the order passed by the 1st respondent in Na.Ka.V5/14787/2002 dated 19.3.2003.

For Petitioner : Mr.G.Sankaran For Respondents : Ms.Bhuvaneswari, Addl.Govt.Pleader - for R1 Mr.P.Chinnadurai, Addl.Govt.Pleader - for R2

O R D E R

When the writ petition is taken up for hearing today, the learned counsel appearing for the petitioner as well as the learned Additional Government Pleaders appearing for the respondents submit that the petitioner died on 23.11.2014. However, the legal heirs of the petitioner seems to have not come forward to represent the petitioner so far by way of impleading and to agitate the issue raised in this writ petition. Therefore, the learned counsel for the respondents seek dismissal of this writ petition as abated.

2. However, Mr.G.Sankaran, learned counsel for the petitioner would submit that, if the writ petition is dismissed now as abated, liberty may be given to the legal heirs of the petitioner to restore the writ petition if they come forward to pursue the writ petition at a later date.

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3. In view of the aforesaid development, where the petitioner is no more as he died on 23.11.2014, and till date no legal heir has come forward to pursue this writ petition, this writ petition is dismissed as abated, however with a liberty to the legal heirs to restore the writ petition if they desire to do so by filing appropriate petition before this Court. s/d- Assistant Registrar True Copy Sub-Assistant Registrar KST To 1 The District Collector, Pudukkottai.

2 The Commissioner, Poonamaravathy Panchayat Union, Ponnamaravathy Pudukkottai District.

+1 CC to The Government Pleader sr 189.

W.P.No.36686 of 2005 NMI(CO) SP(29/01/2021) https://hcservices.ecourts.gov.in/hcservices/