Madras High CourtWP/29149/2014dismissed as infructuous

P.Pachamuthu v. State Of Tamilnadu

2023-11-22Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Writ Petition No.29149 of 2014 P.Pachamuthu ..Petitioner vs.

1.The State of Tamilnadu, rep. by its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009 2.The Commissioner, Salem Corporation, Salem.

3.The Director, The Local Fund Audit, Kuralagam, Chennai-108 4.The Regional Medical Board, rep by the Chairman, Government Mohan Kumaramangalam Medical College Hospital, Selam-1 ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of 1/4

India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the report of 4th respondent dated 08.09.2014 quash the same and consequently direct the respondents to calculate the computed value of pension and pay the same with 18% interest to the petitioner. For Petitioner : Mr.A.R.Nixon For Respondents : Mr.R.U.Dinesh Raj Kumar for RR1, 3, 4.

Ms.N.Devi for R2

O R D E R

This Writ Petition has been filed seeking for issuance of a Certiorarified Mandamus to call for the records relating to the report of the 4th respondent dated 08.09.2014, quash the same and consequently direct the respondents to calculate the computed value of Pension and pay the same with interest at 18% p.a. to the petitioner.

2.The learned counsel for the petitioner is present and reported that the petitioner is no more and thereby, no cause does survive any more in this petition and hence, he requested that this petition may be dismissed as abated.

2/4

3.In view of the above submission, since the petitioner is no more, it appears that there were no legal heirs to be brought on record. Therefore, once the petitioner died and as there are no legal heirs to be brought on record, the Writ Petition requires to be dismissed. In case, if any legal heirs are there, they are at liberty to restore the Writ Petition by filing an appropriate application and proceed with the same.

4. Recording the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as abated. There shall be no order as to costs.

22.11.2023 Index : Yes/No Speaking order:Yes/No dn 3/4

Dr.D. NAGARJUN, J dn To 1.The State of Tamilnadu, rep. by its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009 2.The Commissioner, Salem Corporation, Salem.