K.M.Kalaivanan, v. The Asst. Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.07.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.32873/2016 & WMP.Nos.28412/2016 & 923/2017 K.M.Kalaivanan ... Petitioner

Versus

1.The Assistant Elementary Educational Officer Hosur-635109.

2.The Director Treasury & Accounts Department Chennai 600 018.

3.The Assistant Treasury Officer Sub Treasury, Hosur 635109.

...

Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records relating to the proceedings in Na.Ka.No.2062/A1/2016 dated 11.08.2016 on the file of the 3rd respondent and quash the same.

For Petitioner :

Mr.S.Doraisamy For Respondents :

Mr.V.Nanmaran, AGP

ORDER

(1) The petitioner, K.M.Kalaivanan, has unfortunately died on 27.09.2020 during the pendency of the writ petition. (2) The writ petition had been filed in the nature of a certiorari, calling for the records relating to the proceedings in Na.Ka.No.2062/A1/2016 dated 11.08.2016 of the 3rd respondent, Assistant Treasury Officer, Sub Treasury, Hosur and to quash the same.

(3) By the said proceedings, a recovery was directed from the pensionary amounts payable to the deceased petitioner herein. (4) Learned Additional Government Pleader had forwarded copies of documents which show that the widow of the petitioner had addressed a letter to the respondents stating that the recovery may be effected from the pension amounts payable. It is seen that a sum of Rs.5,000/- had been remitted by the widow by way of challan on 27.11.2020. A sum of Rs.36,000/- had been recovered in LTA and a sum of Rs.46,316/- had been recovered in Family Pension arrears. It has therefore been certified that a total sum of Rs.87,316/- had been fully recovered. It is also stated that the Family Pension is now being paid

to the widow of the petitioner herein.

(5) In view of these facts, though the learned counsel for the petitioner has requested a pass over, since the issue has been addressed, nothing further survives for adjudication in this writ petition. (6) The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (7) 20.07.2023 AP Internet : Yes To 1.The Assistant Elementary Educational Officer Hosur-635109.

2.The Director Treasury & Accounts Department Chennai 600 018.

3.The Assistant Treasury Officer Sub Treasury, Hosur 635109.

C.V.KARTHIKEYAN, J.,

AP 20.07.2023