The High Court dismissed the writ petition filed by M. Palanivelu seeking quashing of an FIR as abated due to the petitioner's death without substitution of legal representatives.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2019
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.37660 of 2004 and W.P.M.P.No.45163 of 2004
M.Palanivelu ... Petitioner
Vs. 1.The Secretary to Government, Food and Co-operation Department, Fort St.George, Chennai. 2.The Inspector of Police, Vigilance and Anti-corruption, Thanjavur. ... Respondents
Petition filed under Article 226 of the Constitution of India to issue writ of declaration declaring the First Information Report in Crime No.9 of 2003 dated 09.07.2003 pending on the file of the 2nd respondent is violative of the provisions of Section 81, 161, 162 & 164 of the Tamil Nadu Cooperative Societies Act, 1983 and violative of Entry 43 of List I, Entry 32 of List II, Entry I of the Constitution of India as arbitrary and null and void and without jurisdiction.
For Petitioner : Mr.A.S.Thambusamy for M/s.C.Jayanthi For Respondents : Mr.S.N.Parthasarathi, Government Advocate
O R D E R Mr.A.S.Thambusamy, learned counsel appearing for the petitioner submitted that the petitioner had died long back and no steps have been taken to substitute the legal representatives of the deceased petitioner so far.
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2.In view of the submission made by the learned counsel for the petitioner, the Writ Petition is dismissed as abated. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
va
To
1.The Secretary to Government,
Food and Co-operation Department,
Fort St.George, Chennai.
2.The Inspector of Police,
Vigilance and Anti-corruption,
Thanjavur.
+1cc to Government Pleader SR.NO. 98067
W.P.No.37660 of 2004
and W.P.M.P.No.45163 of 2004
rsk(co)
nr 18/12/2019
Page 2/2
M. Palanivelu
The Secretary to Government, Food and Co-operation Department
The Inspector of Police, Vigilance and Anti-corruption
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
