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Madras High CourtWP/14590/2024dismissed as infructuous

Devakonar v. The District Collector

2024-07-23Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.07.2024

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.14590 of 2024 Devakonar ....Petitioner ..Vs..

1. The District Collector, (Senior Citizen and Maintenance Welfare Appellate Tribunal) Coimbatore, Coimbatore District.

2. The Revenue Divisional Officer, (Senior Citizen and Maintenance Welfare Appellate Tribunal) Coimbatore South, Coimbatore District.

3. Ranganathan,

4. Nishanth ....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus to call for the records of order dated 02.02.2024 vide proceedings in Na. Ka. No.1264975/2023/U2 and quash the same and consequently, direct the 1st respondent to cancel the settlement deed dated 29.1.2007 bearing document No.167/2007 on the file of the SRO, Negamam and to enhance the monthly maintenance amount to the petitioner and pass orders accordingly.

For petitioner : Mr. K. Myilsamy For Respondents : Mr.M. Venkateswaran for R1 & R2 (Spl. Govt. Pleader) *****

ORDER

This Writ petition has been filed seeking to issue a Writ of Certiorarified Mandamus to call for the records of order dated 02.02.2024 vide proceedings in Na. Ka. No.1264975/2023/U2 and quash the same and consequently, direct the 1st respondent to cancel the settlement deed dated 29.1.2007 bearing document No.167/2007 on the file of the SRO, Negamam and to enhance the monthly maintenance amount to the petitioner and pass orders accordingly.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner submits that the petitioner died on 05.05.2024 and death certificate of the petitioner has been produced before this Court. The wife of the petitioner is also predeceased him. Further, the order passed by the District Collector is not enforceable since the petitioner is no more. Hence, nothing survives for adjudication in this Writ Petition.

3. Recording the aforesaid submission made by the learned counsel for the petitioner and death certificate of the petitioner, this Writ petition is dismissed as infructuous. No Costs. 23.07.2024 Index : Yes/No Internet: Yes/No Lbm To:

1. The District Collector, (Senior Citizen and Maintenance Welfare Appellate Tribunal) Coimbatore, Coimbatore District.

2. The Revenue Divisional Officer, (Senior Citizen and Maintenance Welfare Appellate Tribunal) Coimbatore South, Coimbatore District.

V.BHAVANI SUBBAROYAN, J., Lbm W.P.No.14590 of 2024 23.07.2024