In this letter patent appeal regarding a Freedom Fighter's pension, the court dismissed the appeal as infructuous because the appellant died as a bachelor pending the appeal, rendering the subject matter non-survivable for further adjudication.
Writ Appeal dismissed as infructuous on account of death of the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
W.A(MD)No.522 of 2019
S.Munusamy ... Appellant/Petitioner
.Vs.
1.The Government of India, Ministry of Home Affairs, (Freedom Fighther’s Pension) represented by its Under Secretary, First Floor, Lok Nayak Bhavan, New Delhi – 110 003.
2.The District Collector, Thanjavur. ... Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this Court to set aside the order of this Court made in W.P(MD)No.19475 of 2018, dated 27.11.2018.
For Appellant : Mr.K.K.Senthil For Respondent-1 : Mr.P.Subbiah
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For Respondent-2 : Mr.M.Sarangan Addl.Govt.Pleader
JUDGMENT
( Order of the Court was made by P.VELMURUGAN.,J)
The appellant has filed the Writ Petition and the same was rejected, against which, the present Writ Appeal is filed. Pending the Writ Appeal, the appellant died as a bachelor. Since the subject-matter of the Writ Petition is Freedom Fighter’s pension, on the death of the appellant, nothing survives for further adjudication and hence, the Writ Appeal has become infructuous.
2.In view of the above, the Writ Appeal is dismissed as infructuous. No
costs.
[P.V.,J.] [K.K.R.K.,J.] 02.09.2024
NCS : Yes/No Index : Yes / No Internet : Yes / No vsn
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To
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P.VELMURUGAN, J. and K.K.RAMAKRISHNAN,J.
vsn
JUDGMENT MADE IN W.A(MD)No.522 of 2019
02.09.2024
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S.Munusamy
Government of India, Ministry of Home Affairs
District Collector, Thanjavur
P.Velmurugan
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
