E.D.Balasubramaniam (Deceased),E.D. Gajapathy (Deceased) 1. E.B. Suryaprakash v. E.D.Sundaramurthy

C.M.P.No.12111 of 2025 in W.A.Sr.No.169065 of 2024 S.M.SUBRAMANIAM, J.

and C.SARAVANAN, J.

The reasons stated in the petition to condone the delay of 985 days in preferring the intra-Court appeal are that the writ petitioners 1 and 2 viz., E.D.Balasubramaniam and E.D.Gajapathy died on 29.07.2016 and 07.11.2019 respectively. The 3rd petitioner is alive and the writ petition was disposed of by the learned Single Judge on 23.03.2022. However, the writ Court recorded the fact that the writ petition is dismissed as abated in respect of the petitioners 1 and 2 and disposed of as against the 3rd petitioner.

2. The learned counsel for the petitioner would submit that the appellants are the legal heirs of the writ petitioners 1 and 2. They were not aware of the disposal of the writ petition and that the 3rd petitioner had not informed them about the disposal of the Writ Petition on account of his old age. For the above reasons, the appellants may be given an opportunity to adjudicate the issue on merits.

S.M.SUBRAMANIAM, J.

https://www.mhc.tn.gov.in/judis

and C.SARAVANAN, J.

dsa

3. In view of the fact that the writ petitioners 1 and 2 died before the disposal of the writ petition, this Court is inclined to condone the delay. Accordingly, this petition is ordered and the delay of 985 days in preferring the above appeal stands condoned.

4. The Registry is directed to number the appeal, if the papers are otherwise in order. The Registry is also directed to print the name of the respondents in the cause list when the matter is listed for admission. (S.M.S.,J.) (C.S.N.,J.) 01.09.2025 dsa C.M.P.No.12111 of 2025 in W.A.Sr.No.169065 of 2024 https://www.mhc.tn.gov.in/judis