The State Of Tamilnadu vs O.Theetharappan
2023 Latest Caselaw 7770 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 06.07.2023

                                                      CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                               W.A.(MD)No.943 of 2014
                                                          and
                                  M.P.(MD)No.1 of 2014 and C.M.P.(MD)No.5601 of 2016

                     1.The State of Tamilnadu,
                     represented by the Secretary to Government,
                     Education Department,
                     Fort St.George, Chennai – 600 009.

                     2.The Director of School Education,
                     College Road, Nungambakkam, Chennai – 600 006.

                     3.The Joint Director of School Education,
                     (Personnel),
                     Office of the Director of School Education,
                     College Road, Nungambakka, Chennai – 627 001.

                     4.The District Elementary Educational Officer,
                     Tirunelveli – 627 001.

                     5.The Assistant Elementary Educational Officer,
                     Melaneelithanallur-627 953,
                     Sankarankovil Taluk, Tirunelveli District.      ... Appellants

                                                         Vs.


                     1/4



https://www.mhc.tn.gov.in/judis
                     O.Theetharappan                                     ... Respondent

                     PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent to set
                     aside the order, dated 03.02.2014 passed by this Court in W.P(MD)No.
                     913 of 2010.

                                  For Appellants     :Mr.V.Om Prakash
                                                     Government Advocate
                                  For Respondent     :Mr.P.Suresh
                                                     for Mr.R.Pon Karthikeyan
                                                          ****


                                                     JUDGMENT

(Judgment of the Court was delivered by DR.ANITA SUMANTH, J.)

Pending Writ Appeal, the respondent has passed away on

17.04.2017. However, since the Writ Appeal is filed seeking payment of

amount recovered from DCRG, the cause of action would survive in the

hands of the legal heirs as well.

2.Both learned Counsels state that, despite their best efforts,

they have not been successful in ascertaining the details of the legal heirs

of the deceased respondent.

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

3.We do not see any reason in keeping the Writ Appeal of the

year 2014 alive inordinately and dismiss the same.

4.Liberty is granted to both Mr.V.Om Prakash, learned

Government Advocate for the appellants and Mr.P.Suresh, learned

Counsel for the respondent to seek restoration of the Writ Appeal, if the

details of the legal heirs are ascertainable. Liberty to be exercised within

six months from today or not at all. No costs. Consequently, connected

miscellaneous petitions are closed.

                                                                 [A.S.M.J.,] & [R.V.J.,]
                                                                       06.07.2023
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes

                     cmr

https://www.mhc.tn.gov.in/judis DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

cmr

W.A.(MD)No.943 of 2014

Dated:

06.07.2023

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