The High Court disposed of the writ petition as abated because the application to bring legal heirs on record remained pending and objections were not rectified within the stipulated time despite the petitioner's death.
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.9820 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2024
Coram
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.9820 of 2020
Mrs.G.Malarkodi
W/o. Mr.Sasidharan
.. Petitioner
vs.
Represented by its Secretary Ministry of Housing & Urban Development Fort St.George
Chennai
Page 1 of 6
W.P.No.9820 of 2020
II Floor, West Wing Thalamuthu-Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to initiate appropriate action on the representation dated 27.01.2020 sent by the petitioner to the second respondent and to stop and prevent the unauthorized encroachment now going on in the plot No.540 in Nehru Nagar-Phase -I, Velacheri and formally allot the said plot to her as has been shown in the records of the second respondent.
For Petitioner : Mr.R.Natarajan For Respondents : Mr.M.S.Arasakumar Government Advocate for R1 Mr.M.Babu Muthu Meeran Standing Counsel (TNUHDB) for R2 Ms.P.Veena Suresh for R3
Page 2 of 6
W.P.No.9820 of 2020
ORDER
(Order of the Court was made by M.SUNDAR, J.)
There is a lone writ petitioner, namely Ms.G.Malarkodi. In the
earlier listing before another Hon'ble Division Bench (listing on
14.10.2024), the following order was made:
'W.P.Nos.9820 of 2020 & 18214 of 2014
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.
(Order of the Court was made by the Hon'ble Chief Justice)
Learned counsel for petitioners submits that petitioner
in W.P.No.9820 of 2020 expired and legal heirs have preferred
an application to bring themselves on record in the place of
petitioner. The objections raised by the Registry in the application taken out for bringing legal heirs on record will be cured within two weeks from today.
2. We make it clear that if the objections are not
rectified, petition will stand dismissed without further
https://www.mhc.tn.gov.in/judis Page 3 of 6
W.P.No.9820 of 2020
reference to Court. If the objections are rectified, then,
petitions, along with application for bringing legal heirs on
record, be listed on 04.11.2024.
(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY, J.) 14.10.2024'
Mr.R.Natarajan, learned counsel submits that it is still pending objections
and it has not been numbered. Therefore, W.P.No.9820 of 2020 is disposed of as abated. There shall be no order as to costs.
[M.S.,J] [K.R.S.,J] 04.11.2024
gpa
https://www.mhc.tn.gov.in/judis Page 4 of 6
W.P.No.9820 of 2020
To
https://www.mhc.tn.gov.in/judis Page 5 of 6
W.P.No.9820 of 2020
M.SUNDAR,J., and K.RAJASEKAR, J.,
gpa
W.P.No.9820 of 2020
04.11.2024
https://www.mhc.tn.gov.in/judis Page 6 of 6
2 issues framed by the court
Whether the writ petition should be dismissed due to failure to regularize the petition in the name of the legal heirs.
Whether the petition undergoes abatement due to pending objections regarding substitution of parties.
Colour shows how this judgement treated each authority
W.P.Nos.9820 of 2020 & 18214 of 2014Referred¶32
G Malarkodi
Government of Tamil Nadu
Managing Director, Tamil Nadu Slum Clearance Board
Member-Secretary, Chennai Metropolitan Development Authority
M Sundar
K Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
