Subbiya vs The Executive Engineer
2023 Latest Caselaw 11079 Mad

                                                                                  W.A.No.4120 of 2019

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 23.08.2023
                                                    CORAM:
                                  THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
                                                        and
                                     THE HON'BLE MR.JUSTICE P.B.BALAJI
                                               W.A.No.4120 of 2019

                  Subbiya                                                    ..     Appellant

                                                        vs.
                  1.The Executive Engineer,
                    Operation & TNEB Maintenance,
                    Thuraiyur Post, Tiruchy District.

                  2.The Chairman,
                    Tamil Nadu Electricity Board,
                    Anna Salai, Chennai.

                  3.Palani
                  4.Duraisamy                                           ..   Respondents

                  Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the
                  order dated 08.06.2012 in W.P.No.31744 of 2002.

                            For Appellant    : Mr.B.N.Sivagamasundari

                            For Respondents : Mr.D.Sureshkumar
                                              Standing Counsel for TNEB for 1 & 2

                                             Respondents 3 & 4 - died




https://www.mhc.tn.gov.in/judis
                                                         1
                                                                                    W.A.No.4120 of 2019



                                                    JUDGMENT

(Judgment of the Court was made by Justice D.Krishnakumar, J.)

When the matter was taken up on 12.02.2020, the learned counsel for

the appellant represented that the appellant died and sought ten days time to

take steps for filing substitution petition to bring the legal heirs of the

deceased / appellant. Thereafter, the matter was listed on several occasions.

When the matter is taken up on 01.08.2023, the very same representation was

made and this court granted final opportunity to the appellants to take steps

to file substitution petition. Even today, the learned counsel for the appellant

seeks the very same request. Despite several opportunities given, the

appellant did not take steps to bring the legal heirs of the deceased/appellant.

2. In the light of the above, the writ appeal stands dismissed as abated.

No costs.

                                                                            [D.K.K., J.] [P.B.B., J.]
                                                                                  23.08.2023

                  Index           : Yes / No
                  Internet        : Yes / No
                  Jvm

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

W.A.No.4120 of 2019

To

1.The Executive Engineer, Operation & TNEB Maintenance, Thuraiyur Post, Tiruchy District.

2.The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai.

D.KRISHNAKUMAR, J.,

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

W.A.No.4120 of 2019

AND P.B.BALAJI, J.

Jvm

W.A.No.4120 of 2019

23.08.2023

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