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Madras High CourtWP/38322/2005dismissed as abated

K. Mahalingam v. The Superintending Engineer

2020-11-02Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.38322 of 2005 and WMP.No.1064 of 2007 K.Mahalingam

...Petitioner

-Vs1. The Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Electricity Board, Gandhi Nagar, Vellore-6.

2. The Chief Internal Audit Officer, Tamil Nadu Electricity Board, N.P.P.K.R.R.Maaligai, 800, Anna Salai, Chennai-2.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to a letter dated 17.09.2005 of the second respondent, quash the same and consequently direct the second respondent to pay pension amount due to the petitioner from March 1994 to July 1998 together with interest at 18% per annum.

For Petitioner : Petitioner died For Respondents: Mr.Karthik Rajan (R1 & R2) ****

O R D E R

This Writ Petition has been filed challenging the proceedings relating to a letter dated 17.09.2005 of the second respondent, quash the same and consequently direct the second respondent to pay pension amount due to the petitioner from March 1994 to July 1998 together with interest at 18% per annum.

2. From the records it is seen that this Court vide order dated 16.07.2020 has ordered notice to the petitioner. As the https://hcservices.ecourts.gov.in/hcservices/

same was awaited, Registry was directed to remove the name of the learned counsel for the petitioner and issue fresh draft notice to the petitioner and to post this matter today. Today, when this matter is taken up for hearing, from the records, it is seen that notice sent to the petitioner was returned with an endorsement "deceased".

3. Since the petitioner was already died and the legal heirs of the petitioner has not taken any steps to substitute them, this Writ Petition is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To

1. The Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Electricity Board, Gandhi Nagar, Vellore-6.

2. The Chief Internal Audit Officer, Tamil Nadu Electricity Board, N.P.P.K.R.R.Maaligai, 800, Anna Salai, Chennai-2.

W.P.No.38322 of 2005 vg ii (co) rr ii (02/12/2020) https://hcservices.ecourts.gov.in/hcservices/