Back
2024 Supreme(Online)(MAD) 18660
HIGH COURT OF MADRAS
Honourable Mrs Justice N. MALA
M.Velayutham – Appellant
Versus
Government of Tamil Nadu – Respondent
A writ petition abates upon the death of the petitioner if there are no instructions or representation from their legal heirs.
Headnote:
Writ Petition - Default - Various Orders - The petition was dismissed as abated due to the petitioner's death, following the confirmation of earlier orders, with no costs imposed.
Fact of the Case:
The petitioner filed a writ petition regarding various orders that were confirmed by higher authorities. The petitioner died on 29.12.2020, and the counsel indicated an inability to proceed due to the absence of instructions from legal heirs.
Finding of the Court:
The court concluded that since the petitioner had died and no further steps could be taken, it was unnecessary to keep the writ petition pending, leading to its dismissal as abated.
Issues: Whether the writ petition could continue after the death of the petitioner and the lack of representation from legal heirs.
Ratio Decidendi: A writ petition cannot be pursued after the death of the petitioner without representation from legal heirs.
Final Decision: Writ petition dismissed as abated.
O R D E R
This Writ Petition is filed to call for the records pertaining to the order of the third respondent in his proceedings No.10030/2/2005-06/A1 dated 12.06.2007, confirmed by the order of the second respondent in Revision Petition No.23/2008 vide his proceedings Rc.No.10094/2008/C-2 dated
27.02.2009, confirmed by the order of the first respondent in Revision Petition vide his proceedings G.O.Ms.No.113, Cooperation, Food and Consumer Protection (CP1) Department, dated 24.08.2010 and the order of the first respondent modifying the earlier order, in Review Petition vide his proceedings G.O.Ms.No.92, Cooperation, Food and Consumer Protection (CP1) Department, dated 23.07.2012 and the order of the fourth respondent vide Letter No.30573/CP1/2013-4, Cooperation, Food and Consumer Protection (CP1) Department, dated 26.08.2014 and quash the same in so far as it affects the petitioner.
2.On the basis of the death certificate, it is represented by the learned counsel for the petitioner that the petitioner died on 29.12.2020. The learned counsel for the petitioner further submits that he is unable to get instructions from the legal heirs of the deceased writ petitioner for taking steps.
3.In view of the aforesaid submission made by the learned counsel for the petitioner, I find no reason to keep the writ petition pending. Accordingly, the writ petition stands dismissed as abated. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
21.08.2024 Index : Yes / No Internet : Yes / No ah To Represented by the Principal Secretary, Cooperation, Food and Consumer Protection (CP1) Dept., Fort St.George, Chennai – 600 009.
2.The Additional Registrar of Cooperative Societies, Chennai Region, Chennai – 600 018.
3.The Chennai Central Cooperative Bank, Represented by Managing Director/Special Officer, No.215, Prakasam Road, Chennai – 600 108.
4.The Additional Secretary to Government, Cooperation, Food and Consumer Protection (CP1) Dept., Fort St.George, Chennai – 600 009.
N.MALA, J.
ah
21.08.2024
