Dismissed

The State of Tamil Nadu v. a.Subbiah(Died)

Madras HC2 Dec 2024CMP(MD)/5516/2018

Case brief

AI extract

What is this about?

The petitioners sought to condone delay, set aside abatement, and bring legal representatives on record due to the death of a respondent. The court allowed the petitioners to withdraw the petitions with liberty to file a review petition. The writ appeal was consequently rejected.

What did the court decide?

Petitions dismissed as withdrawn with liberty to file review petition; Writ Appeal rejected.

The State of Tamil Nadu Vs a.Subbiah(Died) — Civil Procedure and Limitation | Madras HC (2024)

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C.M.P.(MD).Nos.5516 to 5518 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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C.M.P.(MD).Nos.5516 to 5518 of 2018

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W.A.(MD).SR.No.49180 of 2017

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1.The State of Tamil Nadu, Represented by the Secretary to Government,

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Rural Welfare Department,

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Secretariat, Chennai – 09.

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2.The District Collector, Virudhunagar, Collectorate,

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Virudhunagar Town.

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3.The Assistant Director of Rural Development, (Village Panchayat), Collectorate, Virudhunagar Town.

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4.The Block Development Officer (Village Panchayat), Thiruchuli Panchayat Union at Reddiapatti, Aruppukottai Taluk, Virudhunagar District.

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5.The Panchayat President,

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R.Kallumadam Panchayat, Thiruchuli Panchayat Union at Reddiapatti, Aruppukottai Taluk, Virudhunagar District. ... Petitioners/Appellants in all C.M.Ps

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https://www.mhc.tn.gov.in/judis Page 1 of 4

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C.M.P.(MD).Nos.5516 to 5518 of 2018

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Vs.

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1.A.Subbiah (died)

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... Respondent/Respondent

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2.S.Rajalakshmi

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3.S.Saroja 4.S.Alageshwaran

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5.S.Dhanabalan

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6.S.Ilankovan

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7.S.Loganathan ... Respondents 2 to 7/Proposed Respondents 2 to 7 /LRs of deceased 1^st Respondent in all C.M.Ps

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PRAYER in C.M.P.(MD).No.5516 of 2018: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 796 days in filing the petition to set aside abatement caused due to the death of the first respondent in W.A.SR.(MD).No.49180 of 2017.

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PRAYER in C.M.P.(MD).No.5517 of 2018: Civil Miscellaneous Petition filed under Order 22 Rule 9 of CPC, praying to set aside the abatement caused due to the death of the first respondent in W.A.SR.(MD).No.49180 of 2017.

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PRAYER in C.M.P.(MD).No.5518 of 2018: Civil Miscellaneous Petition filed under Order 22 Rule 4 of CPC, praying to bring on record the respondents 2 to 7 as the legal representatives of the first respondent and rank them as respondents 2 to 7 in W.A.SR.(MD).No.49180 of 2017.

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https://www.mhc.tn.gov.in/judis Page 2 of 4

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C.M.P.(MD).Nos.5516 to 5518 of 2018

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PRAYER in W.A.(MD).SR.No.49180 of 2017: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 24.08.2017 made in W.P.(MD).No.12111 of 2013 on the file of this Court and allow this Writ Appeal.

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For Petitioners : Mr.S.R.A.Ramachandran Additional Government Pleader

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COMMON ORDER

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(Order of the Court was made by M.S.RAMESH,J.)

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When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the petitioners seeks permission of this Court to withdraw these petitions with liberty to the petitioners to file a review petition before the writ Court. He has also made an endorsement to that effect.

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Recording the same, these Civil Miscellaneous Petitions are dismissed as withdrawn with liberty to the petitioners to file a review petition before the writ Court. Consequently, W.A.(MD).SR.No.49180 of 2017 stands rejected.

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(M.S.R.,J.) (A.D.M.C.,J.) 02.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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https://www.mhc.tn.gov.in/judis Page 3 of 4

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C.M.P.(MD).Nos.5516 to 5518 of 2018

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M.S.RAMESH,J. and A.D.MARIA CLETE,J.

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C.M.P.(MD).Nos.5516 to 5518 of 2018 in W.A.(MD).SR.No.49180 of 2017

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02.12.2024

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https://www.mhc.tn.gov.in/judis Page 4 of 4

The State of Tamil Nadu v. a.Subbiah(Died)

Case brief

What is this about?

What did the court decide?

The State of Tamil Nadu v. a.Subbiah(Died)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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