The Union Of India, v. Tmt. C.Antoinette,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.The Union of India, Represented by the Director, Department of Social Welfare, Puducherry.

2.The Executive Engineer-EHV Office of the Executive Engineer-VI, Electricity Department, Puducherry. ... Petitioners versus 1.C.Antoinette MTS (House Keeping) Division -VI, Electricity Department, Puducherry.

2.The Registrar, Central Administrative Tribunal, Madras Bench, Chennai.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorari to call for the entire records relating to the order in OA No.272 of 2015 dated 25.11.2016 passed by the Central Administrative Tribunal, Madras Bench and quash the same. For the Petitioners :Mr.Syed Mustafa Special Government Pleader For the Respondents :Mr.K.Anbarasan for first respondent second respondent-Tribunal

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) Challenging the order passed by the Central Administrative Tribunal, Madras Bench, in OA No.272 of 2015 dated 25.11.2016, the petitioner Department has filed the present writ petition.

2. On 30.11.2023, the Court has passed an order as follows: 'Learned counsel for the first respondent submits that the first respondent died and seeks two weeks' time to get instructions from the legal heirs of the deceased first respondent.

Post this matter on 14.12.2023 finally for getting instructions from the legal heirs of the deceased first respondent. If no instructions has been received on the said date, the writ petition shall stand dismissed as against the deceased first respondent for not filing appropriate application.

Post the matter on 14.12.2023.'

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3. Learned Special Government Pleader for the petitioner Department submitted that the petitioner Department is not in a position to file an application to bring on record the legal representatives of the deceased first respondent as there is no instructions from the legal heirs of the deceased first respondent to the petitioners Department for filing appropriate application.

4. Though this Court has given ample opportunity to the petitioner Department to file appropriate application to bring on record the legal representatives of the deceased first respondent, no steps have been taken so far. Therefore, as observed in the earlier order of this Court dated 30.11.2023, the writ petition is dismissed as abated. There shall be no order as to costs. Consequently, WMP No.25565 of 2019 is closed. [D.K.K., J.] [K.B., J.] 03.04.2024 Index : Yes/No mrn 3/5

To The Registrar, Central Administrative Tribunal, Madras Bench, Chennai.

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D.KRISHNAKUMAR, J.

and K.KUMARESH BABU, J.

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