N.Amaravathy v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022

CORAM

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No. 24601 of 2018 and W.M.P. No. 28645 of 2018

1. N.Amaravathy

2. N.Anitha

3. N.Bakiyaraj

...Petitioners

-vs1. The Government of Tamil Nadu, Represented by its Secretary, Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Dharmapuri District.

3. The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.

4. The Tahsildar, Pappireddypatti Taluk, Dharmapuri District.

5. The Director of Pension, Office of Accountant General, No. 259, Anna Salai, Block 3, II Floor, D.M.S. Campus, Teynampet, Chennai - 600 006.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents herein to disburse the retirement benefits and all other attendant benefits arising out of death of First Petitioner's deceased husband (Late)

C.Natarajan, former VAO, who was permitted to retire from service on 30.05.2008 vide proceeding of Third Respondent in Na. Ka. No. 2925/2008(A3) along with interest at 10% per annum from the date of its due, till its payment in full, within a time frame as may be fixed by this Court.

For Petitioners :

Mr. R.Mahadevan For Respondents :

Mr. S.Balamurugan, Government Advocate (for R1 to R4) Mrs. T.S.Selvarani (for R5)

O R D E R

Learned Counsel for the Petitioners informed that the Petitioners had collected the case bundle from him earlier with consent for change of vakalat and he would engage another lawyer and he has filed a memo dated 31.03.2022 to that effect, which has been placed on record. It has been informed by the Registry that no one else has entered appearance on behalf of the Petitioners in the matter till date. There does not appear to be any useful purpose being served in keeping the Writ Petition pending indefinitely when the Petitioners are not interested in prosecuting the same.

2.

In the aforesaid circumstances, the Writ Petition is dismissed for non-prosecution. It is made clear that the Petitioners are not precluded from applying for revival of the Writ Petition, if necessary, in accordance with law. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar vjt To

1. The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Dharmapuri District.

3. The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.

4. The Tahsildar, Pappireddypatti Taluk, Dharmapuri District.

5. The Director of Pension, Office of Accountant General, No. 259, Anna Salai, Block 3, II Floor, D.M.S. Campus, Teynampet, Chennai - 600 006.

Copy to

1. N.Amaravathy, W/o. Late C.Natarajan, Anna Seerani Street, Venkatasamudiram, Pappireddypatti Taluk, Dharmapuri District.

2. N.Anitha, D/o. Late C.Natarajan, Anna Seerani Street, Venkatasamudiram, Pappireddypatti Taluk, Dharmapuri District.

3. N.Bakiyaraj, S/o. Late C.Natarajan, Anna Seerani Street, Venkatasamudiram, Pappireddypatti Taluk, Dharmapuri District.

+1cc to the Government Pleader, S.R.No.22215 W.P. No. 24601 of 2018 SPD[co] NSK 04/04/2022