Allowed

S.Sankareswaran(Died) v. the Principal Secretary

Madras HC4 Mar 2024WMP(MD)/4512/2024

Case brief

AI extract

What is this about?

This miscellaneous writ petition sought to implead the widow and children of a deceased petitioner as added petitioners in a main writ petition regarding pension and retirement benefits. The Court granted the application and issued directions to the Registry to maintain proper status of deceased parties and legal representatives in cause titles.

What did the court decide?

Order impleaded JAYANTHIMALA, DEEPAN KARTHIK, and DEEPIKA as petitioners 2, 3, and 4. Directed Registry to maintain proper status of deceased parties in cause titles.

S.Sankareswaran(Died) Vs the Principal Secretary — Civil Procedure and Limitation | Madras HC (2024)

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WMP(MD) No.4512 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Special Original Jurisdiction )

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Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT

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The Hon`ble Mr.Justice MUMMINENI SUDHEER KUMAR

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WMP(MD) No.4512 of 2024 IN WP(MD) No.19859 of 2020

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1 S.SANKARESWARAN(DIED)

...NIL/PETITIONER

2 JAYANTHIMALA

3 DEEPAN KARTHIK

4 DEEPIKA ... PETITIONER/PROPOSED PETITIONERS

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1 THE PRINCIPAL SECRETARY HIGHWAYS AND MINOR PORTS (HR2) DEPARTMENT, GOVERNMENT OF TAMIL NADU FORT ST. GEORGE,

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CHENNAI 600 009

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2 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HIGHWAYS AND MINOR PORTS(HRS) DEPARTMENT, GOVERNMENT OF TAMIL NADU FORT ST.GEORGE, CHENNAI 600 009

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3 THE DEPUTY SECRETARY TAMIL NADU PUBLIC SERVICE COMMISSION, TNPSC ROAD, CHENNAI 600 003

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https://www.mhc.tn.gov.in/judis

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WMP(MD) No.4512 of 2024

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4 THE DIRECTOR GENERAL HIGHWAYS DEPARTMENT,

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GUINDY, CHENNAI 600025

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5 THE CHIEF ENGINEER(C AND M) OFFICE OF CHIEF ENGINEER, HIGHWAYS DEPARTMENT, GUINDY, CHENNAI 600 025

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6 THE DIVISIONAL ENGINEER OFFICE OF DIVISIONAL ENGINEER, HIGHWAYS,

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MADURAI 625 002

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7 THE ASSISTANT ENGINEER OFFICE OF ASSISTANT ENGINEER, HIGHWAYS, USILAMPATTI, MADURAI ... RESPONDENTS/RESPONDENTS

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Writ Miscellaneous Petition Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit us to implead the petitioner self and the petitioners 2 and 3 as proposed petitioners 1 to 3 in the above writ petition in WP(MD) 19859/2020 which is pending on the file of this Honble Court.

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Prayer in WP(MD). 19859/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ order or direction or any other writ in the nature of a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the 1st respondent in G.O(D).No.300 Highways and Minor Ports (HR2) Department dated 5.11.2020 along with 3rd respondents Letter No.5607/TCT.P2/2016-I dated 24.05.2019 quash the same and consequently direct the respondents herein to disburse the entire retirement benefits and pension with arrears and revised pension.

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ORDER : This Writ Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the https://www.mhc.tn.gov.in/judis

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WMP(MD) No.4512 of 2024

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arguments of P. MAHENDRAN, Advocate for the petitioner and of MR.J.ANANDKUMAR, Advocate for the 3^rd Respondent, the court made the following order:-

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This application is filed to bring on record the proposed petitioners 2, 3 and 4 on record as petitioners 2, 3 and 4 in the main writ petition being the legal representatives of the original writ petitioner.

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Petitioners 2 to 4 herein appears to be the widow, son and daughter respectively of the deceased writ petitioner. In the circumstances, this Court does not see any impediment for ordering this application. Hence, this application is ordered and the proposed petitioners 2 to 4 are impleaded as petitioners 2 to 4 in the main writ petition.

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Office is directed to carry out necessary amendment.

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This Court time and again noticing that in all the applications filed to bring

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on record the legal representatives of the respective deceased parties, the original deceased parties are not being given any status, though their names are shown in the cause title. If the deceased parties are not shown their status by giving appropriate ranking in the array of cause title either as petitioner/appellant/respondent, it will be difficult for the Court to refer to such parties while passing orders and also when

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there was need to state about their relation to their respective legal representatives.

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https://www.mhc.tn.gov.in/judis

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WMP(MD) No.4512 of 2024

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Hence, the Registry is directed to ensure that in all the applications filed to bring on record the legal representatives of deceased parties, the original status/rank of the deceased party in the array of cause title should remain as it is and the legal representatives should be given their respective status/rank either as petitioners or respondents.

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For instance, in the case on hand where the original writ petitioner died and his wife and children are sought to be brought on record as legal representatives. But the legal representatives are shown as petitioners 1 to 3 and the deceased sole writ petitioner is not given any ranking in the array of cause title. In such case, it would be difficult for the Court to refer to the deceased writ petitioner while passing orders or while adjudicating the matter. Hence, the Registry is directed to ensure that such instance does not repeat hereafter, while numbering all applications/petitions filed to bring on record the legal representatives of deceased parties in all Writ Petitions/Civil Revision Petitions/Appeal Suits/Second Appeals/Writ Appeals etc.

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sd/04/03/2024 / TRUE COPY /

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https://www.mhc.tn.gov.in/judis

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/03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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WMP(MD) No.4512 of 2024

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ABR

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COPY TO

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THE REGISTRAR(JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN WMP(MD) No.4512 of 2024 IN WP(MD) No.19859 of 2020 Date :04/03/2024

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PKP/JGB/SAR /14.03.2024/ 5P/ 2C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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S.Sankareswaran(Died) v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

S.Sankareswaran(Died) v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

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