Madras High CourtWP(MD)/12931/2018disposed of

Mrs.R.Fathima(Died), Traffic Ramaswamy And Social Activist, v. The Chief Secretary,

2021-04-21Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.[MD]Nos.11820 to 11822 of 2018 R.Fathima (Died) ... Petitioner petitioner name insented vide court order Dated 31.3.2021 in WMP (MD) 18369/2018 in WP(MD) 12931/2018 by this Honourable Court Vs.

1.The Chief Secretary, Government of Tamil Nadu, Chennai - 600 009.

2.The Home Secretary, Government of Tamil Nadu, Chennai - 600 009.

3.The Secretary, Municipal Administration Department, Government of Tamil Nadu, Chennai - 600 009.

4.The Secretary, Revenue Department, Government of Tamil Nadu, Chennai - 600 009.

5.The Secretary, Agriculture Department, Government of Tamil Nadu, Chennai - 600 009.

6.The Secretary, School Education Department, Government of Tamil Nadu, Chennai - 600 009.

7.The Secretary, Industries Department, Government of Tamil Nadu, Chennai - 600 009.

8.The Director General of Police, Government of Tamil Nadu, Chennai.

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9.The District Collector, Trichy District, Trichy.

10.The Superintendent of Police, Trichy District, Trichy.

11.The GHCL Limited (unit: Sree Meenakshi Mills), Manapparai, Trichy District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider and pass appropriate orders on the representation sent by E-mail dated 02.01.2018 as per law deliberate negligence duty even after given written complaints through e-mail and in person. For Petitioner : Mr.T.S.R.Venkatraman For Respondents 1to10 : Mr.K.P.Krishnadass, Special Government Pleader For Respondent No.11 : Mr.Isaac Mohanlal Senior Counsel for Mr.D.Sadiq Raja

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned Counsel on either side.

2.This Writ Petition is styled as a Public Interest Litigation to consider and pass appropriate orders on the representation sent by the petitioner via e-mail.

3.The petitioner is no more. A petition has been filed to substitute the petitioner by another person. In our considered view, such substitution is not warranted in the instant case. However, there is power for the Court to substitute the petitioner in a Public Interest Litigation, when the petitioner is no more or the petitioner seeks to abandon the matter midway for certain doubtful reasons. However, in the instant case, we are not inclined to allow substitution for the reason that the representation sent by the petitioner does not give any facts and nothing is decipherable from the said representation.

4.Therefore, the writ petition is closed as having abated. The learned Counsel who appeared for the petitioner in W.M.P.[MD] No.18369 of 2018, submitted that liberty should be granted. The liberty can be granted, if for the same cause of action, the party approaches the Court for the second time. In the instant case, we have observed that nothing is decipherable from the representation 2/4

for us to examine as to what is the cause of action. Therefore, it goes without saying that if there is any grievance for any person who is a public-spirited person, it is always open to the person to invoke the machinery available to that person. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Chief Secretary, Government of Tamil Nadu, Chennai - 600 009.