A writ petition by K.A.Chenniappan seeking DA on provisional pension abated with the petitioner's demise due to failure to implead legal heirs or obtain their instruction.
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W.P.No.23428 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 05.01.2021
CORAM:
THE HON'BLE MR. JUSTICE R.SURESH KUMAR
W.P.No.23428 of 2005 and
W.P.M.P.No.25558 of 2005
K.A.Chenniappan ........ Petitioner
Vs.
1.The Commissioner and Secretary,
Handloom, Textile and Khadi Department,
Government of Tamil Nadu,
Fort St. George,
Chennai - 600 009.
2.The Chief Executive Officer,
Tamil Nadu Khadi and Village Industries Board,
Kuralagam, Chennai - 600 108.
3.The Regional Deputy Director,
Khadi and Village Industries,
Tirupur-3. ........ Respondents
Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarifiled Mandamus to call for the records of the second respondent in Proceeding Na.Ka.No.17484/O1/2004, dated 06.06.2005 and to quash the same and consequently direct the second respondent to pay the Dearness Allowance on the provisional pension sanctioned from 01.05.2004 and to continue to pay the Dearness Allowance on the provisional pension in accordance to G.O.Ms.No.575, Finance (Pension) Department, dated 7th July 1994.
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W.P.No.23428 of 2005
For Petitioner : Mrs.Malarvizhi Udayakumar
For Respondents : Mr.K.Magesh Special Government Pleader
ORDER
Mrs.Malarvizhi Udayakumar, learned counsel appearing for the
petitioner submits that, the petitioner is no more and despite the best efforts
taken by the counsel, they could not contact any legal heirs and there has
been no instruction from the legal heirs of the petitioner to implead them as
party petitioners to pursue the matter and therefore, this writ petition may be disposed of by taking into the aforesaid development as no instruction or for
want of instruction.
2.Recording the said submission made by the learned counsel
appearing for the petitioner, this writ petition is dismissed as abated. No
costs. Consequently, connected miscellaneous petition is closed.
05.01.2021
Sgl
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W.P.No.23428 of 2005
To
1.The Commissioner and Secretary, Handloom, Textile and Khadi Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai - 600 108.
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W.P.No.23428 of 2005
Sgl
R.SURESH KUMAR, J.
W.P.No.23428 of 2005
05.01.2021
4/4
K.A.Chenniappan
The Commissioner and Secretary, Handloom, Textile and Khadi Department, Government of Tamil Nadu
The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board
The Regional Deputy Director, Khadi and Village Industries
R.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
