S. Durai @ Duraiyan, v. The Special Officer

W. P. (MD) No. 15344 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W. P. (MD) No. 15344 of 2012 and M.P. (MD) No.1 of 2012 S.Durai @ Duraiyan ... Petitioner - vs - 1.The Special Officer, Illuppur Taluk Co-operative Housing Society, (TRY/HSG) 49, Viralimalai Main Road, Illuppur, Pudukkottai District.

2.The Registrar of Co-operative Societies (Housing), Tamil Nadu Housing Board Buildings 2nd Floor, Annasalai, Nanthanam, Chennai - 35.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the First Respondent charge memo dated 18.03.2011 and consequential show cause notice dated 09.11.2012 issued by the First Respondent and consequential order passed by the Second Respondent in Na. Ka. No. 7550/2011/Sa.Pa.1 dated 30.11.2011 and quash the same as illegal and unlawful and further direct the First Respondent to reinstate the Petitioner into the service as Clerk in the First Respondent society along with all attendant benefit and back wages within a time frame as may be stipulated by this Court. For Petitioner : Mr. P. T. Ramesh Raja For Respondents : Mr. V. Antony Arulraj

ORDER

Heard Mr. P. T. Ramesh Raja, Learned Counsel for the Petitioner and Mr. T. Antony Arulraj, Learned Counsel for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Learned Counsel for the Petitioner states that the Petitioner died in the year 2015 and he has also addressed a letter dated 24.06.2021 through e-mail to that effect to the Registry which is placed on record.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W. P. (MD) No. 15344 of 2012 3.

After the death of the Petitioner, no useful purpose would be served in keeping the Writ Petition pending without bringing his legal representatives on record. Hence, the Writ Petition is dismissed as abated leaving it open to the legal representatives of the deceased Petitioner to apply for revival of the Writ Petition in accordance with law. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Special Officer, Illuppur Taluk Co-operative Housing Society, (TRY/HSG) 49, Viralimalai Main Road, Illuppur, Pudukkottai District.

2.The Registrar of Co-operative Societies (Housing), Tamil Nadu Housing Board Buildings 2nd Floor, Annasalai, Nanthanam, Chennai - 35.

W. P. (MD) No. 15344 of 2012 24.06.2021 RK (23.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2