High Court held that the writ petition abated due to the death of a respondent without the petitioner seeking impleadment of the legal heirs, though future filing remains possible.
The writ petition was abated; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.14715 of 2014
1.L.Ravichandran 2.S.Chinnaiah 3.Sudha 4.A.Balchamy Nadar 5.M.Nagarethinam ... Petitioners
vs.
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to remove the encroachment, encroached by the third respondent in Survey No.487/18 in Velliayathoor Group of Ponnankudi village, Kandramanickam village panchayat.
For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.M.Govindan,
Spl.Govt.Pleader for R1 and 2
O R D E R
(Order of the Court was made by K.K.SASIDHARAN, J)
The third respondent died during the currency of the writ petition. The petitioner has not filed any application so far to implead the legal heirs of the third respondent as party to the writ petition.
2.The writ petition therefore abates. However, we make it clear that this order would not stand in the way of the petitioner
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filing petition after impleading all the legal heirs of the third respondent. No costs.
Sd/Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar
To
+1cc to M/s Ajmal Associates, Sr.No.64507 +1cc to Spl.Government Pleader Sr.No.65010
ARUL
VB/MR/KKR/SAR2/19.07.2017/2P/5C
W.P(MD)No.14715 of 2014
10.07.2017
1 issue framed by the court
Whether the writ petition survives after the death of a party respondent without impleadment of legal heirs.
1 provisions across 1 enactments
L.Ravichandran
S.Chinnaiah
Sudha
A.Balchamy Nadar
M.Nagarethinam
The District Collector, Sivagangai District
K.K.SASIDHARAN
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
