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Madras High CourtWP(MD)/20816/2014dismissed for nonprosecution

Thangavel, v. The District Collector,

2021-09-22Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD) No.20816 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.20816 of 2014 and W.M.P.(MD) Nos.1 to 3 of 2014 Thangavel ... Petitioner vs.

1.The District Collector, Karur District.

2.The Tahsildar, Karur Taluk, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders passed by the second respondent in Na.Ka.No.A3/00446/2014, dated 14.05.2014 and 01.09.2014 and quash the same and consequently, to direct the respondents to regularize the service periods from 22.03.2002 to 24.04.2002, 07.06.2006 to 20.03.2007, 21.03.2007 to 30.10.2009, February 2010 to May 2010 and February 2011 to June 2012 and pay the arrears of salary with all monetary and service benefits within the time stipulated by this Court.

For Petitioner :Ms.Kalaiyarasi Bharathi for M/s.Udhaya Law Associates For Respondents :Mr.M.Linga Durai Government Advocate

O R D E R

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned orders passed by the second respondent, dated 14.05.2014 and 01.09.2014, and consequently, to direct the respondents to regularize the service periods of the petitioner and pay the arrears of salary with all monetary and service benefits within a time that may be stipulated by this Court.

2.Heard Ms.Kalayarasi Bharathi, learned Counsel for the petitioner and and Mr.M.Linga Durai, learned Government Advocate appearing for the respondents.

3.The learned Counsel for the petitioner submitted that the petitioner in this Writ Petition died and submitted that the prayer in the Writ Petition has now become infructuous. The learned Counsel for the petitioner further submitted that they are unable to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.20816 of 2014 contact the legal heirs of the petitioner. This Court is unable to pass an order dismissing the Writ Petition as infructuous. From the nature of representation of the learned Counsel for the petitioner, this Court assume that the learned Counsel appearing for the petitioner has no instructions after the death of petitioner from his legal heirs.

4.Considering the facts and the nature of submissions of the learned Counsel for the petitioner, this Court is not inclined to keep the matter pending, as no useful purpose will be served. Hence, the Writ petition is dismissed for non prosecution. However, it is open to the petitioner's legal heirs to come on record and to prosecute the case by filing necessary applications. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tmg/cmr To 1.The District Collector, Karur District.

2.The Tahsildar, Karur Taluk, Karur District.

+1 CC to M/s.SPL. GP ( SR-30162[F] dated 24/09/2021 ) W.P.(MD) No.20816 of 2014 22.09.2021 NSN(CO) KB(07.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2