The High Court dismissed a writ petition under Article 226 seeking family pension because the petitioner had died after filing. The petition abated, barring further proceedings until revival by legal representatives.
Petition dismissed as abated; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.03.2022 CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 2024 of 2017 and
W.M.P. No. 2025 of 2017
Mrs. Ammaniyammal … Petitioner
-vs-
... Respondents
Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the First Respondent vide Rc.No. 5993/2015/D2/dt.16/03/2016 quash the same and to direct the First Respondent to allot/sanction and disburse 50% of the total family pension of the Petitioner deceased son which is received from the Third Respondent office vide PPO.ON:10305777 to the Petitioner.
For Petitioner : Mr. M.Madhu Prakash
For Respondents: Mrs. C.Sangamithirai (For R1 to R3) Special Government Pleader
Mr. Sethuraman (For R4)
Mr. M.Sankar (For R5)
O R D E R
Heard Mr. M.Madhu Prakash, Learned Counsel for the Petitioner, Mrs. C.Sangamithirai, Learned Special Government Pleader for the First to Third Respondents and Mr. Sethuraman, Learned Counsel for the Fourth Respondent and Mr. M.Sankar, Learned Counsel for the Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
In such circumstances, the Writ Petition is dismissed as abated with clarification that the legal representatives of the deceased Petitioner are not precluded from applying for its revival in accordance with law. Consequently, the connected Miscellaneous Petition is closed. No costs.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
skr To
Vellore District.
+1 cc to Mr.M.Sankar, Advocate Sr.NO.14062 +1 cc to Mr.S.Sethuraman, Advocate Sr.NO. 14320 W.P. No. 2024 of 2017
AD(CO) https://hcservices.ecourts.gov.in/hcservices/ A.SK(11/03/2022)
Mrs. Ammaniyammal
The Directorate of Pension
The District Educational Officer
The Sub Treasury
The Branch Manager, State Bank of India
G. Lakshmi Annadurai
P.D. Audikeshavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
