S.Nasurudeen, v. S.Syed Mohammed,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P(MD)No.286 of 2022 and C.M.P(MD)No.1296 of 2022 S.Nasurudeen ... Petitioner/Respondent /Respondent Vs.

S.Syed Mohammed

...Respondent/Appellant/

Petitioner Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records relating to the impugned order dated 13.12.2021 made in Se.Mu.Na.Ka.No.2031/Paa.A/2021 on the file of the Appellate Tribunal/District Collector, Dindigul, enhancing the maintenance amount against the order dated 23.07.2021 made in Na.Ka.No. 1961/2021/A1 on the file of the Tribunal/Revenue Divisional Officer, Dindigul and set aside the same as illegal.

For Petitioner :Mr.R.R.Kannan For Respondent :M/s.N.Juliet Latha

ORDER

Today when the matter came up for hearing, the learned counsel appearing for the respondent submitted that the sole respondent in the case viz., S.Syed Mohammed had passed away pending the civil revision petition and he seeks time to get particulars of the LRs to be impleaded in the case. 2.Mr.R.R.Kannan, learned counsel appearing for the petitioner would submit that it is true that the sole respondent died. But, however, the civil revision petition arises out of the order passed by the District Collector/Appellate Tribunal, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as such, no cause of action would survive after the death of the senior citizen and therefore, nothing survives for further adjudication in the matter.

3.Recording the same, the Civil Revision Petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed.

10.07.2024 NCC:Yes/No Ns

To 1.The Tribunal/Revenue Divisional Officer, Dindigul.

D.BHARATHA CHAKRAVARTHY, J.

Ns C.R.P(MD)No.286 of 2022 and C.M.P(MD)No.1296 of 2022 10.07.2024