The court dismissed the writ petition filed by the deceased petitioner on the ground of non-prosecution, as no legal heir was brought on record. The court granted a movable window for heirs to revive the petition within eight weeks in the interests of justice.
Petition dismissed for non-prosecution; leave to file a fresh petition by legal heirs within 8 weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. No.30597 of 2007
D.Ganesan
…Petitioner
Vs
… Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the orders in 1. Pro.No.AB1/35789/04 dt 5.4.2007 of the 2nd respondent; 2. Pro.No.Pa.2/7783/02 dt 28.3.2003 of the 3rd respondnet; and 3. Pro.No.Pa.2/6118/97 dt 31.7.2002 of the 4th respondent to quash the said orders and to issue consequential directions to the 1st respondent to regularising the period of suspension of the petitioner from 9.9.1997 to 9.3.1998 as duty for all purposes and to promote the petitioner as Forester wih retrospective effect from the date of promotion of petitioner immediate junior with all consequential service and monetary benefits.
For Petitioner : Mr.Balakrishnan
for Mr.M.Ravi
For Respondents: Mr.C.Selvaraj
Government Advocate
O R D E R
The petitioner is stated to have passed away on 30.11.2021 and notwithstanding that the matter has come up for hearing a dozen times thereafter, there has been no attempt to bring on record any legal heir to pursue the matter and the learned counsel for the petitioner has only been seeking adjournments repeatedly. Even today, the same request is made.
for the aforesaid reason and dismiss the Writ Petition for non-prosecution. However, in the interests of justice, if the legal heirs of the petitioner are inclined to revive the Writ Petition, they may file a petition for the same, however, within a period of eight (8) weeks from today. No costs.
Sd/-
Assistant Registrar (CS-II)
//True Copy//
Sub Assistant Registrar
sl
To
+1cc to the Government Pleader, S.R.No.53509
+1cc to the Special Government Pleader S.R.No.53455
W.P. No.30597 of 2007
GJ(CO) GN(02/11/2021) https://hcservices.ecourts.gov.in/hcservices/
D. Ganesan
The Principal Chief Conservator of Forests
The Chief Conservator of Forests
The Conservator of Forests, Erode Circle
The District Forest Officer, Sathyamangalam Division
The Forest Range Officer, Asanur Range
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
