Muthusamy v. the State of Tamil Nadu
Case brief
What is this about?
Writ petition for quashing recovery from pension dismissed as abated on grounds of petitioner's death and failure to substitute legal heirs.
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.(MD)No.13842 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.13842 of 2019 and W.M.P.(MD)Nos.10360 of 2019 & 21851 of 2019
Muthusamy
... Petitioner
/Vs./
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling upon records of the 2 nd respondent relating to Na.Ka.No.458/E/2019 dated 21.05.2019 and quash the same and to consequently forbear the respondents 1 and 2 from recovering any amount from the petitioner's pension in future.
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W.P.(MD)No.13842 of 2019
For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader
ORDER
When the matter is taken up for hearing, it is represented by the learned counsel appearing for the petitioner that the petitioner died on 22.08.2020. Since steps have not been taken to substitute the legal heirs of the deceased petitioner till date, this writ petition is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed.
21.10.2024
Index : Yes / No NCC : Yes / No sm
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W.P.(MD)No.13842 of 2019
TO:-
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W.P.(MD)No.13842 of 2019
ABDUL QUDDHOSE, J.
Sm
Order made in W.P.(MD)No.13842 of 2019
Dated: 21.10.2024
1 issue framed by the court
Whether the writ petition abates due to the death of the petitioner without substitution of legal heirs?
1 provisions across 1 enactments
Muthusamy
The State of Tamil Nadu
The Sub Treasury Officer
Abdul Qud Hose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court