The petitioner in a writ petition under Article 226 of the Constitution of India died during the pendency of the matter. The court observed the case had abated and dismissed the petition without costs as no further adjudication was required.
The writ petition stands dismissed as abated. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM
W.P.No.1474 of 2001
Selvi J.Jayalalithaa, D/o.R.Jayaraman
.. Petitioner
-vs-
1.The Assistant Commissioner of Income Tax, Central Circle – II (5), No.108, Mahatma Gandhi Road, Nungambakkam, Chennai-600 034.
2.The Income Tax Officer, Tax Deduction at Source – II (TDS-II), No.108, Mahatma Gandhi Road, Nungambakkam, Chennai-600 034. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records pertaining to the proceedings in E.O.C.C.No.161 of 1996 on the file of the Additional Chief Metropolitan Magistrate, Economic Offences Court No.1, Egmore, Chennai so as to quash the same.
For Petitioner : Mr.L.P.Shanmugasundaram For Respondents: Mr.A.P.Srinivas, Senior Standing Counsel ORDER
The learned counsel for the petitioner made a submission that during the pendency of this writ petition, the petitioner died on 05.12.2016. He further submits that the Economic Offences Case, registered against the writ petitioner, has been closed.
2.Thus, in view of the above, no further adjudication needs to be undertaken and accordingly, this writ petition stands dismissed as abated. No costs.
Sd/-
Assistant Registrar (CCC)
//True Copy//
Sub Assistant Registrar
abr
To
1.The Additional Chief Metropolitan Magistrate,
Economic Offences Court No.I,
Egmore, Chennai.
2.The Assistant Commissioner of Income Tax,
Central Circle – II (5), No.108, Mahatma Gandhi Road,
Nungambakkam, Chennai-600 034.
3.The Income Tax Officer,
Tax Deduction at Source – II (TDS-II),
No.108, Mahatma Gandhi Road,
Nungambakkam, Chennai-600 034.
+1cc to Mr.A.P.Srinivas, Advocate, S.R.No. 24114
+1cc to the Government Pleader(Co.Op), S.R.No. 24280
W.P.No.1474 of 2001
PP(CO)
GN(07/07/2021)
1 issue framed by the court
Whether the writ petition filed before the death of the petitioner requires further adjudication.
1 provisions across 1 enactments
Selvi J.Jayalalithaa
The Assistant Commissioner of Income Tax, Central Circle – II (5)
The Income Tax Officer, Tax Deduction at Source – II (TDS-II)
S.M. SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
