The High Court dismissed the Writ Petition filed by the petitioner regarding maintenance arrears and settlement deeds as abated following the petitioner's death recorded on the date of hearing.
Writ Petition dismissed as abated; connected Miscellaneous Petition closed.
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W.P. No. 23992 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 23992 of 2023 and
W.M.P. No. 23496 of 2023
M.Sivakumar @ Koothaan
… Petitioner
-vs-
Prayer:- Writ Petition 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 in Na.Ka. No. 520/A2/2023 dated 20.06.2023, quash the same and consequently direct the First Respondent to pass an order
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cancelling Settlement deeds namely Doc.No. 3613/2017 dated 10.10.2017 and 3653/2023 dated 15.07.2013 and further enhance the maintenance payable to the Petitioner to an amount to Rs.10,000/Month and also direct the Second Respondent to recover the arrears of maintenance payable to the Petitioner.
For Petitioner : Mr. C.Vigneswaran For Respondents : Mr. S.Arumugam, Government Advocate (for R1 & R2)
No appearance (for R3 to R5)
O R D E R
Learned Counsel for the Petitioner states that the Petitioner, who is the
husband of the Third Respondent and father of the Fourth and Fifth Respondents, has expired on 02.12.2023 and he has made an endorsement to that effect in the court record.
In such circumstances, the Writ Petition is dismissed as abated. Consequently, the connected Miscellaneous Petition is closed. No costs.
06.12.2023
pal Index: Yes/No Note: Issue order copy by 08.01.2024.
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To
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W.P. No. 23992 of 2023
P.D. AUDIKESAVALU, J.
pal
W.P. No. 23992 of 2023
06.12.2023
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M.Sivakumar @ Koothaan
District Collector, Chairman of the Appellate Tribunal
Revenue Divisional Officer, Presiding Officer of the (Senior Citizen and Maintenance Welfare Tribunal)
Sathya
M.Santhakumar
M.Sarathkumar
P.D. AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
