Dr.S.Muruganantham v. Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2023

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and M.P.No.1 of 2011 Dr.S.Muruganantham ... Petitioner Vs.

1.The Secretary, Dharmamurthi Rao Bahadur Calavala Cunnan Chetty's Hindu College, Dharmamurthi Nagar, Pattabiram, Chennai 600 072.

2.The Joint Director (General), Collegiate Education, Chennai Region, Teachers College Complex, Saidapet, Chennai 600 015.

3.Dr.K.Easwari ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus calling for the relevant records relating to the impugned proceedings in R.C.No.30/20102011(18) dated 27.07.2010 on the file of the first respondent and quash the same as null and void and consequently direct the first respondent to promote the petitioner as Head of the Department by posting in the Tamil 1/4

Department of the First Respondent's college with all service benefits inclusive of salary and other monetary benefits. For Petitioner : Mr.C.R.Dhasarathan - No appearance For Respondents : Mr.D.Deepak Rajan for Mr.B.Dayalan (for R1, R3) Mr.S.Yashwanth, Additional Government Pleader (for R2)

ORDER

This writ petition has been filed challenging the impugned proceedings in R.C.No.30/2010-2011(18) dated 27.07.2010 and directing the first respondent to promote the petitioner as Head of the Department by posting in the Tamil Department of the First Respondent's college with all service benefits inclusive of salary and other monetary benefits.

2. When the matter was called today, it is submitted by the learned counsel for the 1st and the 3rd Respondents that the petitioner as well as the learned counsel for the petitioner have passed away. He has also made an endorsement to the said effect.

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3. The prayer in the writ petition is to direct the 1st Respondent to promote the petitioner as Head of the Department, since the petitioner is no more, nothing survives for adjudication in the writ petition.

4. Recording the submission made by the learned counsel for the 1st and 3rd respondent, the writ petition is dismissed with liberty to restore the writ petition in future by the legal heirs of the deceased petitioner, if anything survives for adjudication. No costs. Consequently, connected miscellaneous petition is closed.

10.03.2023 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To 1.The Secretary, Dharmamurthi Rao Bahadur Calavala Cunnan Chetty's Hindu College, Dharmamurthi Nagar, Pattabiram, Chennai 600 072.

2.The Joint Director (General), Collegiate Education, Chennai Region, Teachers College Complex, Saidapet, Chennai 600 015.

and M.P.No.1 of 2011 10.03.2023 4/4