The High Court of Madras allowed the withdrawal of a Writ Petition filed by a deceased petitioner, M.Ramasamy, based on his counsel's authorization to withdraw on behalf of his estate, though the court noted a requirement for instructions from legal heirs.
Leave granted to withdraw the Writ Petition and the Writ Miscellaneous Petition as abated.
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.
W.P.No.15276 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.15276 of 2021 and
W.M.P. No.16167 of 2021 in W.P. No.15276 of 2021
M.Ramasamy
... Petitioner
vs
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W.P.No.15276 of 2021
6.The Revenue Divisional Officer, Harur, Dharmapuri District.
7.The Tahsildar, Pappirettipatti Taluk, Dharmapuri District.
8.Manimaran 9.Pazhanisamy 10.Shankar 11.Raja 12.Ramakrishnan ... Respondents
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records of the impugned order passed by the third respondent in Na.Ka.No.3176/2020/A6 dated 07.04.2021 and quash the same.
For Respondents : Mr.N.R.R.Arun Natarajan, Spl. Govt. Pleader (H.R. & C.E.) for R1 to R4 Mr.T.K.Saravanan, Govt. Advocate for R5 to R7 Mr.R.Krishnasamy for R8 to R12
ORDER
[Order of the Court was made by M.SUNDAR, J .,]
Mr.M.Raju, learned counsel representing the counsel on record
for writ petitioner submits that sole writ petitioner Mr.M.Ramasamy, S/o.Mr.Marappa Gounder is no more and seeks leave of this Court to
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W.P.No.15276 of 2021
withdraw captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) as he has no instructions from the legal heirs. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
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W.P.No.15276 of 2021
same fate i.e., stands abated. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 12.11.2024
Index : Yes / No Neutral Citation : Yes / No mmi
To
6.The Revenue Divisional Officer,
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W.P.No.15276 of 2021
Harur, Dharmapuri District.
7.The Tahsildar, Pappirettipatti Taluk, Dharmapuri District.
M.SUNDAR, J., and K.RAJASEKAR, J.,
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W.P.No.15276 of 2021
mmi
W.P.No.15276 of 2021
12.11.2024
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2 issues framed by the court
Whether the writ petition can be withdrawn on behalf of a deceased petitioner when there are no instructions from legal heirs.
Whether the abatement of the petition necessitates staying or dismissing the co-located miscellaneous petition.
1 provisions across 1 enactments
M.Ramasamy
Commissioner, Hindu Religious and Charitable Endowments Department
Joint Commissioner, Hindu Religious and Charitable Endowments Department
Assistant Commissioner, Hindu Religious and Charitable Endowments Department
Executive Officer, Hindu Religious and Charitable Endowments Department
District Collector
M.SUNDAR
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
