Single judge dismissed the writ petition as abated due to the death of the petitioner during its pendency, allowing legal heirs to file a fresh petition.
Petition dismissed as abated; legal heirs granted liberty to file fresh petition.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.23000 of 2015 and W.M.P.No.1 of 2015
T.Perumal Naicker ... Petitioner
Vs.
1.The District Collector, Salem. 2.The District Revenue Officer, Salem. 3.The Revenue Divisional Officer, Attur. 4.The Thasildar, Attur. 5.The Village Administrative Officer, Narasingapuram Village, Attur.
6.The Executive Engineer, Public Works Department (Water Re-Source), Attur.
7.Padmawathi ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the 4th respondent from changing the nature of the canal which is in dispute untile pending disposal of the O.S.No.67 of 2015 on the file of District Munsif Court, Attur.
For Petitioner : M/S.A.Rajakumar For Respondents : Mr.P.Sathish (For R1 to R6) Additional Government Pleader M/s.S.Victor Prasath for R7
ORDER
The learned counsel for the petitioner submitted that during the pendency of this petition, the petitioner had passed away. Therefore, the present petition may be dismissed as abated with liberty to the legal heirs of the petitioner to file a fresh petition.
2. Recording the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as abated. The legal heirs of the petitioner are at liberty to file a fresh petition, if they want to pursue the case. Consequently, connected miscellaneous petition is closed. No costs.
Sd/-
Assistant Registrar(CS-IX)
// True Copy //
Sub Assistant Registrar
ep To
1.The District Collector, Salem. 2.The District Revenue Officer, Salem. 3.The Revenue Divisional Officer, Attur. 4.The Thasildar, Attur. 5.The Village Administrative Officer, Narasingapuram Village, Attur. 6.The Executive Engineer, Public Works Department (Water Re-Source), Attur.
+1cc to the Government Pleader, SR.No.41409
W.P.No.23000 of 2015 and W.M.P.No.1 of 2015
PMK(CO) CB(21/07/2022)
T. Perumal Naicker
District Collector, Salem
Padmawathi
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
