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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
Thangaperumal – Appellant
Versus
The Accountant General (A & E) – Respondent
W.P.(MD)No.20699 of 2017 and W.M.P.(MD)No.16983 of 2017
Decided on : 09-08-2024
ABATEMENT - WRIT PETITION - The court dismissed the writ petition as abated due to the petitioner's death and the failure to substitute the legal heirs, highlighting the procedural requirement for substitution in ongoing legal proceedings.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash an order regarding pension refixation. However, the petitioner passed away before the hearing.
Finding of the Court:
The court found that no steps were taken to substitute the legal heirs of the deceased petitioner, leading to the conclusion that the writ petition could not proceed.
Issues: Whether the writ petition could continue after the death of the petitioner without substitution of legal heirs.
Ratio Decidendi: The court emphasized the necessity of substituting legal heirs in cases where the petitioner has died, as per procedural law, which ultimately led to the dismissal of the petition.
Result: The writ petition was dismissed as abated, with no order as to costs.
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records of the first respondent impugned order of Pen 26/6/12613316/12-13/order dated 13.12.2012 and quash the same and consequently direct the first respondent to refix the petitioner's pension and disburse the same.
When the Writ Petition was taken up for hearing, the learned Counsel for the petitioner submitted that some months back the petitioner died and till date no steps have been taken to substitute the legal heirs of the deceased petitioner.
2. In view of the same, this Writ Petition is dismissed as abated. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
A writ petition abates upon the death of the petitioner if legal heirs are not substituted, reflecting the importance of procedural compliance in legal proceedings.
A claim for terminal benefits and family pension cannot be established if the deceased did not make a claim during his lifetime and if the application is filed significantly after the relevant events....
The court established that compliance with tribunal orders is essential, and the petitioner must provide necessary documentation for pension processing.
Legal proceedings must address current and relevant issues; if an issue becomes moot, the court will dismiss the case.
A writ petition under Article 226 becomes infructuous when the relief sought is no longer relevant or necessary.
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