Madras High CourtWP(MD)/14332/2017dismissed as abated

V.Thangam, W/O.K.Velu, v. The Accountant General,

2024-09-05Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Thangam ... Petitioner /Vs./ 1.The Accountant General, O/o.The Accountant General (A&E), Tamilnadu, 361, Anna Salai, Chennai - 600 018.

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Senior Accounts Officer / Pen33, O/o. The Accountant General (A&E), Tamilnadu, 361, Anna Salai, Chennai - 600 018.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the impugned proceedings of the 3rd Respondent in Pen 33/I/Pt13603 dated 25.01.2017 and quash the same as illegal and unconstitutional and consequently direct the 1st respondent to pay the family pension to the petitioner as legal heir of late. Sivaraman worked as Grade I Police Constable, 1/4

Palayamkottai Police Station, Tirunelveli District PPO No.FC509791, along with arrears within a time frame stipulated by this Court. For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mrs.D.Farjana Ghoushia (R2) Special Government Pleader Mr.P.Gunasekaran (R1 & R3) Standing Counsel

ORDER

This Court, on the last hearing date, ie., on 09.08.2024, after recording the submission made by the learned counsel appearing for the petitioner that the petitioner is dead, directed the learned counsel appearing for the petitioner to file a substitution petition to bring on record the legal heirs of the deceased petitioner before next hearing date, and it was made clear that if the substitution petition is not filed on or before the next hearing date, ie., today, this writ petition shall stand automatically dismissed as abated.

2. Today, when the matter came up for hearing today, it is noted that till date, no application has been filed to bring on record the legal 2/4

heirs of the deceased petitioner. In view of the same and in accordance with order dated 09.08.2024, this writ petition is dismissed as abated. No costs.

05.09.2024 Index : Yes / No NCC : Yes / No Sm TO:- 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

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