M.Balaiya (Died), B.Marikannan v. The Commissioner

C.M.P.(MD)Nos.15775 of 2025 in W.A(MD)No.786 of 2020 and C.M.P(MD)No.15777 of 2025 in W.A(MD)No.787 of 2020 C.V.KARTHIKEYAN, J.

and R.VIJAYAKUMAR, J.

(Order of the Court was made by C.V.KARTHIKEYAN, J.) These petitions have been filed to substitute the petitioner herein as appellant consequent to the death of the appellant. 2.In the affidavit filed, it has been stated that pending writ appeals, the appellant died on 06.02.2025 leaving behind the petitioner as the only surviving legal heir. Since the writ petition itself had been filed for monetary benefits of the petitioner/appellant herein and for regularisation of service, it is only appropriate that the writ appeal is prosecuted by the legal heirs.

3. In view of the above, both the petitions are allowed.

4. The Registry is directed to carry out necessary amendment to bringing on record the proposed appellants as second appellant in the cause title.

5. However, a representation has been made on behalf of the second respondent/Commissioner Kambam Municipality that the petitioner has not produced the legal heirship certificate of the deceased Balaiya.

6.While hearing the writ appeal, the legal heirship certificate may also be produced by the appellant.

7. List the matter on 09.10.2025.

[C.V.K., J.] [R.V., J.] 24.09.2025 am

C.V.KARTHIKEYAN , J.

and R.VIJAYAKUMAR , J.

am C.M.P.(MD)Nos.15775 of 2025 in W.A(MD)No.786 of 2020 and C.M.P(MD)No.15777 of 2025 in W.A(MD)No.787 of 2020 24.09.2025