← Library
Madras High CourtWP/14762/2014disposed of

J.Sudharshan v. The Principal Secretary

2024-01-24Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2024

CORAM:

THE HONOURABLE DR. JUSTICE D.NAGARJUN J.Sudharshan

...Petitioner

-Vs1.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus, to call for the records relating to the proceedings issued by the 1st respondent in G.O.(2D)No.25 School Education & A2 Department dated 28.04.2010, and to quash the same and consequently direct the respondents to promote the petitioner to the post of Joint Director of School Education and Director of School Education, on par with his juniors with all consequential and other attendant benefits on that basis, within a time frame to be fixed by this Hon'ble Court. 1/4

For petitioner : Mr.J.Jayamalan for Mr.S.Nedunchezhiyan For R1 & R2 : Mr.S.Ravi Kumar Special Government Pleader

ORDER

This writ petition is filed seeking a certiorarified mandamus to quash the proceedings of the 1st respondent in G.O.(2D)No.25 School Education & A2 Department dated 28.04.2010.

2. When the matter is taken up for hearing, the learned counsel for the petitioner has reported that the petitioner is no more and that all his efforts to trace the legal heirs of the deceased petitioner and bring them on record to prosecute the case. Therefore, he requests this Court to pass an appropriate order.

3. Learned Special Government Pleader for the respondents would submit that the petitioner has filed this writ petition seeking promotion. However, since he is no more, the relief sought for by the petitioner in this 2/4

writ petition has become infructuous.

4. Considering the submission made by both parties and taking into consideration that the petitioner himself is no more and the legal representatives of the deceased petitioner have not come forward to prosecute the case, for the present, it does not survive to proceed any more to the petitioner and there is no point in getting this writ petition.

5. Accordingly, this writ petition is disposed of, giving liberty to the legal heirs of the deceased petitioner to file an appropriate application as and when they come forward to prosecute this case. No costs. 24.01.2024 cda 3/4

Dr.D.NAGARJUN.J, cda To 1.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

24.01.2024 4/4