G.Dhakshinamoorthy vs State Rep.By The Principal ...
2021 Latest Caselaw 3917 Mad

                                                                                     W.P.No.18290 of 2011

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED : 16.02.2021
                                                           CORAM
                                      THE HON'BLE MR.JUSTICE R. SURESH KUMAR
                                              Writ Petition No.18290 of 2011

                G.Dhakshinamoorthy                                             ...    Petitioner

                                                            -Vs-

                1.State rep.by the Principal Secretary to the Government
                  Home Department, Secretariat, Chennai 600 079.

                2.The Director General of Police
                  Mylapore, Chennai – 600 004.                                 ...    Respondents

                Prayer : Writ Petition under Article 226 of the Constitution of India praying for a
                Writ of Mandamus directing the respondents to consider the representation dated
                08.11.2010 in terms of the judgment of the Division Bench of the Honourable Court
                in W.P.No.38972 and 38793 of 2003 dated 10.09.2007 which was followed in
                W.P.No.25373 of 2010.


                                   For Petitioner      :    Mr.K.Muthuramalingam

                                   For Respondents     :    Mr.K.Magesh, Special Government Pleader

                                                           ORDER

The prayer sought for herein is to direct the respondents to consider the

representation dated 08.11.2010 in terms of the judgment of the Division Bench of

the Honourable Court in W.P.No.38972 and 38793 of 2003 dated 10.09.2007 which

was followed in W.P.No.25373 of 2010.

https://www.mhc.tn.gov.in/judis/

W.P.No.18290 of 2011

2. Though the petitioner seeks for a writ of Mandamus to consider his

representation dated 08.11.2010, where he sought for some restoration of seniority

retrospectively, when the case is taken up for hearing today, learned counsel for the

petitioner would submit that, during the pendency of the writ petition, the petitioner

expired.

3. Since the very petitioner is no more and at the time of filing of the writ

petition, he has already retired on attaining superannuation, even if the legal heirs

come forward to pursue the matter, nothing is to be persuaded by the legal heirs,

since it is restoration of seniority retrospectively for the petitioner (deceased) and

that kind of service dispute cannot be agitated by the legal heirs. Therefore, in view

of the same, this writ petition can be treated as an abated one and accordingly it

can be disposed of.

4. In that view of the matter, this writ petition is dismissed as abated, as no

further relief can be granted even if the legal heirs are impleaded. No costs.

16.02.2021 Index : Yes/No Internet : Yes/No KST

https://www.mhc.tn.gov.in/judis/

W.P.No.18290 of 2011

R. SURESH KUMAR, J.

KST

To

1.The Principal Secretary to the Government Home Department, Secretariat, Chennai 600 079.

2.The Director General of Police Mylapore, Chennai – 600 004.

W.P.No.18290 of 2011

16.02.2021

https://www.mhc.tn.gov.in/judis/