Writ petition seeking mandamus to expedite hearing of an appeal filed by a deceased petitioner was dismissed as abated. The court directed legal heirs to apply to be brought on record within two weeks.
Writ petition dismissed as abated; legal heirs directed to apply to be brought on record within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.06.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. No. 9219 of 2018
S.Ramalingam ... Petitioner
-vs-
1. The Deputy Registrar of Chits,
Nagapattinam,
Nagapattinam District.
2. The Branch Manager,
Sriram Chits Tamilnadu Private Ltd.,
No.23, Nethaji Road,
Thiruvarur,
Thiruvarur District. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to hear the appeal dated 26.12.2017 in accordance with law and render judgment as expeditiously as possible to secure the ends of justice.
For Petitioner : Mr. R.Sankarasubbu
For Respondents: Mr. T.M.Pappiah for R1 Special Government Pleader
O R D E R
The Learned Counsel for the Petitioner submits that the Petitioner has expired. However, the relief sought in the Writ Petition is to dispose the appeal filed by the deceased Petitioner on 26.12.2017 before the First Respondent. The Learned Counsel appearing for the Petitioner submits that the Legal Heirs of the deceased Petitioner would make the application before the First Respondent for bringing them on record in the appeal filed by the Petitioner within a period of two weeks from the date of receipt of a copy of this order. If such application is filed, the same shall be considered and the
First Respondent shall decide that application expeditiously.
Sd/-
Deputy Registrar (CJ Conf)
//True Copy//
Sub Assistant Registrar
sni/arb
To
1. The Deputy Registrar of Chits,
Nagapattinam,
Nagapattinam District.
2. The Branch Manager,
Sriram Chits Tamilnadu Private Ltd.,
No.23, Nethaji Road,
Thiruvarur, Thiruvarur District.
+1cc to the Government Pleader, S.R.No. 51236
W.P. No. 9219 of 2018
RK(CO)
GN(08/07/2019)
2 issues framed by the court
Whether the writ petition to direct the First Respondent to hearing the deceased petitioner's appeal survives despite the petitioner's death.
Whether the legal heirs should be brought on record as substitute parties before disposing of the withdrawal or abatement of the writ petition.
1 provisions across 1 enactments
S.Ramalingam
The Deputy Registrar of Chits, Nagapattinam
The Branch Manager, Sriram Chits Tamilnadu Private Ltd.
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
