The High Court of Judicature at Madras dismissed the writ petition filed for a mandatory injunction against respondents interfering with the petitioner's property possession as the petition had abated due to the petitioner's death pending the proceeding.
Writ petition dismissed as abated; connected miscellaneous petition closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2018
CORAM:
THE HON'BLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.31453 of 2016 and W.M.P.No.27292 of 2016
Raji ... Petitioner
Vs.
1.State of Tamil Nadu,
Represented by its
District Collector,
Krishnagiri.
2.Eswaramoorthy,
Deputy Superintendent of Police,
Bargur Division,
Krishnagiri District.
3.Manoharan,
Inspector of Police,
Pochampalli Police Station,
Barugur Division,
Krishnagiri District. ...Respondents
PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to forebear the respondents, their men, agents, servants, subordinates, or anybody acting on their behalf from in any way harassing, interfering with the petitioner and his family members and their peaceful possession and enjoyment of the property which is the subject matter in O.S.No.201 of 2014 pending on the file of Uthankarai Court.
For Petitioner : M/s.Selvi George For Respondents: Mr.C.Raghavan Government Advocate (Crl.Side)
This petition has been filed forebear the respondents from interfering with the peaceful possession and enjoyment of the property of the petitioner and others.
2.It is seen from the records that a suit was pending in O.S.No.201 of 2014, even at that time, when the writ petition was filed.
3.The learned counsel for the petitioner submitted that the petitioner has died during the pendency of this writ petition.
4.In view of the above, nothing survives in this writ petition. Hence, this writ petition is dismissed as abated. There shall be no orders as to costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
To
1.The District Collector,
State of Tamil Nadu,
Krishnagiri.
2.The Deputy Superintendent of Police,
Bargur Division,
Krishnagiri District.
3.The Inspector of Police,
Pochampalli Police Station,
Barugur Division,
Krishnagiri District.
+1cc to M/s.Selvi George, Advocate sr.no.78907
W.P.No.31453 of 2016 and W.M.P.No.27292 of 2016 rgn(co) nr 13/12/2018
1 issue framed by the court
Whether a writ petition survives to be adjudicated after the petitioner has died during its pendency.
1 provisions across 1 enactments
Raji
State of Tamil Nadu
Eswaramoorthy
Manoharan
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
