N.Suresh Kumar, v. The State Level Caste Scrutiny

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.VADAMALAI and W.M.P.(MD)Nos.1666 and 1667 of 2017 N.Suresh Kumar ... Petitioner vs.

1.The State Level Caste Scrutiny Committee, Rep. by its Chairman and Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Government of Tamil Nadu, Chennai - 600 009.

2.The V.O.Chidambaranar Port Trust, Rep. by its Traffic Manager, Establishment Section, Traffic Department, Tuticorin.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the communication bearing No.T-18/1/2016-E/D/2923, dated 26.12.2016 of the second respondent, quash the order passed therein and consequently, forbear the second respondent from initiating disciplinary 1/4

proceedings unless and until the Community Certificate produced by the petitioner stands cancelled by the first respondent Committee, which is constituted as per the orders of the Hon'ble Supreme Court in its decision in Madhuri Patil's case reported in AIR 1995 SC 94.

For Petitioner : Mr.R.Murali for Mr.Yokesh Kannadasan For Respondent No.1 : Mr.D.Sasikumar Additional Government Pleader

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the petitioner, on instructions, submits that after filing of the Writ Petition, the petitioner died on 28.04.2021.

2. The petitioner was challenging the initiation of disciplinary proceedings.

3. In the light of that, the right to sue does not survive. As such, the Writ Petition is disposed of. There will be no order as to 2/4

costs. Consequently, W.M.P.(MD)Nos.1666 and 1667 of 2017 are closed.

[S.V.G., CJ.] [P.V.M., J.] Index : Yes / No 28.08.2023 smn2 To 1.The Chairman and Secretary to Government of Tamil Nadu, State Level Caste Scrutiny Committee, Adi-Dravidar and Tribal Welfare Department, Chennai - 600 009.

2.The Traffic Manager, V.O.Chidambaranar Port Trust, Establishment Section, Traffic Department, Tuticorin.

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THE HON'BLE CHIEF JUSTICE and P.VADAMALAI, J.

smn2 ORDER MADE IN DATED : 28.08.2023 4/4