Legal heirs may not step into contempt proceedings post the death of the original petitioner, as the relief sought ceases.

O R D E R

This Sub Application has been filed seeking leave of this Court to permit the petitioners, being the legal heirs of (Late) S.Saraswathy, to initiate contempt proceedings for punishing the respondents for the alleged willful disobedience of the order dated 09.11.2023 passed by this Court in W.P.No.32128 of 2023.

2. According to the petitioners, their mother, S.Saraswathy, filed a petition in W.P.No.32128 of 2023 seeking issuance of a separate patta in respect of her property. This Court, by order dated 09.11.2023, disposed of the said writ petition directing respondents 1 to 3 to consider the representation of the writ petitioner (Late) S.Saraswathy dated 24.01.2023, and pass appropriate orders on merits and in accordance with law. Pursuant thereto, the respondents issued notices and the writ petitioner also participated in the enquiries. While that being so, the said S.Saraswathy passed away on 22.01.2024 leaving behind the petitioners as her legalheirs and the same was also intimated to the respondents. Thereafter, the first petitioner herein has been participating in the enquiries conducted by the respondents. However, no orders have been passed on the representation of the writ petitioner S.Saraswathy dated 24.01.2023, till date. Hence, the present application has been filed seeking leave to file a contempt petition on behalf of the said S.Saraswathy.

3. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. On a perusal of the records, it is seen that by order dated

09.11.2023 passed in W.P.No.32128 of 2023, this Court had only directed the respondents to consider the representation of the writ petitioner viz., S.Saraswathy, dated 24.01.2023, which sought for grant of separate patta in her name, on merits and in accordance with law. Unfortunately, after some hearings of enquiry by the revenue authorities, the writ petitioner had passed away on 22.01.2024.

5. Of course, in respect of the property for which, separate patta was sought for by the writ petitioner, the present petitioners, who claim to be the legal heirs of the writ petitioner, may have some rights. However, the direction of this Court in the writ petition being one for disposal of the representation in accordance with law, it would normally be complied with by the authorities after conducting appropriate enquiry with the claimant of patta and rival party, if any. It is seen that such enquiry was also conducted to some extent. However, it could not be pursued effectively on the death of the patta claimant viz., the writ petitioner. The present petitioners, cannot simply acquire a right to file a contempt petition in such a situation. On the death of the writ petitioner itself, the relief sought for in her representation comes to a halt. If at all the present petitioners are aggrieved upon such halt in the proceedings, they could very well approach the revenue authorities with a fresh representation seeking separate patta in their names by proving their legal heirship instead of harping on the issue by initiating a contempt proceedings by stepping into the shoes of the writ petitioner. Therefore, this Court is of the view that there is no necessity to grant leave to the present petitioners to initiate contempt proceedings.

6. Accordingly, this Sub Application stands dismissed. Consequently, connected Contempt Petition is rejected at the S.R. stage itself.