Madras High CourtCMP(MD)/9995/2017dismissed as abated

V.Nagarathinam, v. The District Collector

2024-12-16Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and AS(MD)No.SR34355 of 2017 V.Nagarathinam ... Petitioner/Appellant Vs 1.The District Collector, Velunachiar Valagam, Vedasandur Main Road, Dindigul.

2.The Tahsildar, The Tahsildar Office, Dindigul.

3.The Block Development Officer, Reddiarchatram Union Office, Kasvanampatti, Dindigul District.

4.The President, Kesavanampatti Panchayat Union Office, Kesavanampatti, Dindigul District.

... Respondents/Respondents

PRAYER in C.M.P.(MD)No.9995 of 2017 :- This Petition is filed under Order XXXIII Rule 1 of CPC to pass necessary orders treating the petitioner as an indigent person and permit the petitioner to file the above appeal suit exempting payment of Court fee in the appeal suit in AS(MD)No.SR34355 of 2017 on the file of this Court. PRAYER in A.S (MD)SR.No.34355 of 2017 This Appeal Suit is filed under Order 41 Rule 1 & 2 r/w under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 23.02.2017 made in O.S.No.114 of 2024 on the file of the learned Principal District Judge, Dindigul.

For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.G.Suriyananth Additional Government Pleader

JUDGMENT

[Order of the Court was made by RMT.TEEKAA RAMAN, J.] When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that the petitioner died on 25.09.2021 and he has also produced a copy of the death certificate to that effect. He further submitted that the legal heirs are not interested in pursuing the matter.

2.Recording the same, the Civil Miscellaneous Petition is dismissed as abated. Consequently, AS(MD)No.SR34355 of 2017 is rejected at the SR stage itself. No costs.

[T.K.R., J.] [N.S., J.] 16.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No sji To 1.The District Collector, Velunachiar Valagam, Vedasandur Main Road, Dindigul.

2.The Tahsildar, The Tahsildar Office, Dindigul.

3.The Block Development Officer, Reddiarchatram Union Office, Kasvanampatti, Dindigul District.

4.The President, Kesavanampatti Panchayat Union Office, Kesavanampatti, Dindigul District.

5.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

RMT.TEEKAA RAMAN , J.

and N.SENTHILKUMAR, J.

sji and AS(MD)No.SR34355 of 2017 16.12.2024