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Madras High CourtWP/17766/2007dismissed

G.Ezhumalai v. The State Of Tamil Nadu,

2015-01-19Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.17766 of 2007 (O.A.No.2022 of 2004) G.Ezhumalai ..

Petitioner -vs1. The State of Tamil Nadu rep.

by the Secretary to Government Environment & Forests Secretariat Chennai-9

2. Vandalur Zoo rep.by the Conservator of Forests North Wild Life Circle Vandalur Chennai-48 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to reinstate the petitioner in service in the post of Watchman of Vandalur Zoo or any other equal post with effect from the date of discharge from service i.e., 26.8.96 and regularise his service in that post or any other equal post with all monetary and service benefits.

For Petitioner ::

Mr.R.Singgaravelan For Respondents ::

Mr.N.Inbanathan Government Advocate (Forests)

ORDER

The petitioner-Mr.G.Ezhumalai approached the Tamil Nadu Administrative Tribunal in O.A.No.2022 of 2004 seeking a direction to the respondents to reinstate him in service in the post of Watchman of Vandalur Zoo or any other equal post with effect from the date of discharge from service, namely, 26.8.96 and regularise his service in that post.

When the said original application having been transferred and renumbered as a writ petition was taken up for hearing today, Mr.N.Inbanathan, learned Government Advocate for the https://hcservices.ecourts.gov.in/hcservices/

respondents submitted that the prayer in the writ petition has become infructuous, since the petitioner died long time back i.e., on 1.9.2005 and till date, no one has come forward to get impleaded in the matter as his legal representative. It was also further stated that the petitioner's wife, who is also working under a contractor, has also not taken any steps to bring on record the legal representative(s) of the deceased petitioner.

2. Since the petitioner died long time back i.e., on 1.9.2005, the prayer sought for in the writ petition for reinstatement does not survive. Accordingly, the writ petition is dismissed as abated. No costs.

ss -s/d- Assistant Registrar( ) Dt:29/1/2015 True Copy Sub-Assistant Registrar To

1. The Secretary to Government Environment & Forests Secretariat Chennai-9

2. The Conservator of Forests Vandalur Zoo North Wild Life Circle Vandalur Chennai-48 + 1 cc to Mrs.M.Srividya, Advocate SR 2695 + 1 cc to the Spl. Govt. Pleader (Forest) SR 2441 rj(co) prk5/2 W.P.No.17766 of 2007 (O.A.No.2022 of 2004) https://hcservices.ecourts.gov.in/hcservices/