An intra-court writ appeal was dismissed as abated because the respondent in the underlying writ petition (a state government department) died during the appeal's pendency without impleading legal heirs.
The intra-court appeal was declared closed and no costs were awarded.
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: 02.07.2019
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MS.JUSTICE P.T.ASHA
Writ Appeal No.430 of 2013
and
M.P.No.1 of 2013
1 THE SECRETARY TO GOVT.
REVENUE DEPARTMENT FORT ST. GEORGE
CHENNAI- 600 009.
2 THE COMMISSIONER FOR REVENUE
ADMINISTRATIONS CHEPAUK CHENNAI-5
3 THE DISTRICT COLLECTOR
VELLORE DISTRICT VELLORE. .... APPELLANTS /RESPONDENTS
Vs
1 P.SUBRAMANIAN
S/O. T.R. PONNUSAMY MALAAMPATTU PUTHUR
VILLAGE THENNAMPATTU POST AMBUR (VIA)
VELLORE DISTRICT.
2 THE ACCOUNTANT GENERAL OF
TAMILNADU TEYNAMPET CHENNAI.
.... RESPONDENTS/PETITIONER/4TH RESPONDENT
Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 27-07-2011 made in WP NO.8318/2011 passed by the Honble Court.
W.P.NO. 8318 OF 2011 : Petition filed under Article 226 of the constitution of India, for the issuance of a Writ of Mandamus, direct the respondents to court the past services of the Petitioner as Village Kannam from 25.8.73 to 14.11.80 as qualifying service under Rule 11 of the Tamil Nadu Pension Rules 1978 and consequently revise the pension and pensionary benefits and pay the arrears in the revised pension and other consequential monetary benefits.
For Appellants : Mrs.A.Sri Jayanthi
Special Government Pleader For Respondents: R1- Died – No steps No appearance – R2
J U D G M E N T
(Judgment of the Court was delivered by K.K.SASIDHARAN, J.,)
According to the learned Special Government Pleader during the currency of the appeal, the first respondent died. In fact, even on 08.04.2018, a representation was made by the learned Government Pleader that he would file an application for impleading the legal heirs of the first respondent. Till today no application is filed to implead the legal heirs of the first respondent as parties.
Sd/-
Assistant Registrar (CO)
//True Copy//
Sub Assistant Registrar
sl
To
1.THE ACCOUNTANT GENERAL OF TAMILNADU
TEYNAMPET CHENNAI.
2. THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT,
FORT ST. GEORGE, CHENNAI-9.
3.THE COMMISSIONER FOR REVENUE ADMINISTRATION,
CHEPAUK, CHENNAI-5.
+1cc to Mr.A.Sundaravadhanam, Advocate, S.R.No. 55650 +1cc to Mr.Hemamuralikrishnan, Advocate, S.R.No.55352 +1cc to the Government Pleader, S.R.No. 55457
Writ Appeal No.430 of 2013 and M.P.No.1 of 2013
NMI(CO) GN(07/08/2019)
1 issue framed by the court
Whether the intra-court writ appeal survives against a respondent who died during the pendency of the appeal without impleading legal heirs.
3 provisions across 3 enactments
The Secretary to Govt. Revenue Dept
The Commissioner for Revenue Administrations
The District Collector Vellore
P. Subramanian
The Accountant General of Tamilnadu
K.K. Sasidharan
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
