J.S.Sreepathy, v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.10533 of 2021 J.S.Sreepathy ... Petitioner -Vs1. The Chairman, Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

2. The Estate Officer, Chennai Port Trust, Administrative Office, Rajaji Salai, Chennai - 600 001.

3. The Deputy Chief Engineer (LBS), Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

4. The Tahsildar, Mylapore - Triplicane Taluk, Chennai - 600 028.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records of the second respondent in Minutes of the meeting held on 17.12.2019 and the consequential demand of the third respondent dated 08.01.2021

in No.LBS1/602/2004/E, quash the same and consequently forbear the respondents from in any manner levying or collecting the amounts set out in the impugned order.

For Petitioner : Mr.P.Srinivas For R1 to R3 : Mr.P.Ulaganathan For R4 : Mr.S.Arumugam

ORDER

This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the records of the second respondent in Minutes of the meeting held on 17.12.2019 and the consequential demand of the third respondent dated 08.01.2021 in No.LBS1/602/2004/E, quash the same and consequently forbear the respondents from in any manner levying or collecting the amounts set out in the impugned order.

2. When the matter is taken up for hearing, the learned counsel for the petitioner would submit that the sole petitioner died. However, so far the legal heirs of the deceased petitioner did not any steps to substitute themselves as legal heirs of the deceased petitioner.

3. In view of the above, this writ petition is dismissed as abated. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. However, the legal heirs of the deceased petitioner are at liberty to file a petition to restore this writ petition in the manner known to law.

28.06.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Chairman, Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

2. The Estate Officer, Chennai Port Trust, Administrative Office, Rajaji Salai, Chennai - 600 001.

3. The Deputy Chief Engineer (LBS), Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

4. The Tahsildar, Mylapore - Triplicane Taluk, Chennai - 600 028.

28.06.2024