The Chief Engineer v. R.Kesavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice N.ANAND VENKATESH W.A.No.1503 of 2010 and W.P.No.44020 of 2006 and M.P.No.1 of 2010 1.The Chief Engineer, Agricultural Engineering, Nandanam, Madras - 35.

2.The Assistant Executive Engineer (Ag. Engg.), Mechanical, Collectorate Post, Dharmapuri - 636 705.

..

Appellants/Respondents Vs R.Kesavan ..

Respondent /Petitioner W.P.No.44020 of 2006 R.Kesavan ..

Petitioner Vs.

1.The Chief Engineer (Agricultural Engineering), Nandanam, Chennai - 35.

2.The Assistant Executive Engineer (Agricultural Engineering), Dharmapuri - 5, Dharmapuri District.

.. Respondents W.A.No.1503 of 2010:

Appeal preferred under Clause XV of Letters Patent against the order dated 01.04.2009 in W.P.No.28191 of 2006.

W.P.No.28191 of 2006 : This Writ petition came to be numbered by transfer of O.A.No. 2521 of 1996 from the file of Tamilnadu Administrative tribunal praying this court to issue a Writ of Certiorari Calling for the records relating to the impugned order of the Second respondent in NA.Ka.No. 4/9173/95, dated 28/03/96 and quash the same.

W.P.No.44020 of 2006: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned order of the second respondent in A/3144/2000 dated 27.07.2000 and consequential order A/3144/2000 dated 25.08.2000 and quash the same.

For Appellants ..

Mr.N.Sakthivel, Addl. Govt. Pleader For Respondent ..

Mr.P.Rajendran W.P.No.44020 of 2006 For Petitioner ..

Mr.P.Rajendran For Respondents..

Mr.N.Sakthivel, Addl. Govt. Pleader

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This writ appeal is directed against the order dated 01.04.2009 made in W.P.No.28191 of 2006. Challenging the order of the second respondent dated 27.07.2000 and the consequential order dated 25.08.2000, the present writ petition has been filed. 2.Heard the learned counsel appearing for the parties. 3.A perusal of the order impugned in the writ appeal would show that it was passed, based upon the similar order passed by the Division Bench. It is submitted by the learned counsel for the writ petitioner that the writ petitioner, who is the respondent in the writ appeal, is no more. Unfortunately, no steps have been taken to implead the legal representatives of the deceased writ petitioner. It appears that the benefit of the order has also been given to the legal representatives of the writ petitioner.

4.In such view of the matter, nothing survives for adjudication both in the writ appeal and in the writ petition. Accordingly, the writ appeal and the writ petition are dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar mmi To 1.The Chief Engineer (Agricultural Engineering), Nandanam, Chennai - 35.

2.The Assistant Executive Engineer (Agricultural Engineering), Dharmapuri - 5, Dharmapuri District.

+1cc to Mr.P.Rajendran, Advocate SR.No.47934 +1cc to Government Pleader SR.No.48005 and W.P.No.44020 of GJ(CO) GN(31/07/2018)