The petitioner sought to quash a maintenance order and cancel a settlement deed. Upon hearing, the court recorded that the petitioner had died and his wife predeceased him. Consequently, the writ petition was dismissed as infructuous.
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W.P. No.14590 of 2024
I N THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:23.07.2024
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.14590 of 2024
Devakonar
....Petitioner
..Vs..
PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus to call for the records of order dated 02.02.2024 vide proceedings in Na. Ka. No.1264975/2023/U2 and quash the same and consequently, direct the 1st respondent to cancel the settlement deed dated 29.1.2007 bearing document No.167/2007 on the file of the SRO, Negamam and to enhance the monthly maintenance amount to the petitioner and pass orders accordingly.
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W.P. No.14590 of 2024
For petitioner : Mr. K. Myilsamy For Respondents : Mr.M. Venkateswaran for R1 & R2 (Spl. Govt. Pleader)
ORDER
This Writ petition has been filed seeking to issue a Writ of Certiorarified Mandamus to call for the records of order dated 02.02.2024 vide proceedings in Na. Ka. No.1264975/2023/U2 and quash the same and consequently, direct the 1st respondent to cancel the settlement deed dated 29.1.2007 bearing document No.167/2007 on the file of the SRO, Negamam and to enhance the monthly maintenance amount to the petitioner and pass orders accordingly.
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W.P. No.14590 of 2024
counsel for the petitioner and death certificate of the petitioner, this Writ petition is dismissed as infructuous. No Costs.
23.07.2024
Index : Yes/No Internet: Yes/No Lbm
To:
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W.P. No.14590 of 2024
V.BHAVANI SUBBAROYAN, J.,
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W.P.No.14590 of 2024
23.07.2024
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1 issue framed by the court
Whether the writ petition survives adjudication upon the death of the petitioner and the finding that the impugned order is not enforceable against a deceased person.
1 provisions across 1 enactments
Devakonar
The District Collector, Senior Citizen and Maintenance Welfare Appellate Tribunal
The Revenue Divisional Officer, Senior Citizen and Maintenance Welfare Appellate Tribunal
Ranganathan
Nishanth
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
