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R.Balasubramanian Vs the Chairman Cum Managing — Writ and Judicial Review | Madras HC (2025)

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Madras HC
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R.Balasubramanian Vs the Chairman Cum ManagingR.Balasubramanian v. the Chairman Cum Managing

Disposed¶22

R.Balasubramanian v. the Chairman Cum Managing

Madras HC27 Jan 2025WP/27308/2012

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.27308 of 2012, decided 27.01.2025 by Mummineni Sudheer Kumar J. Petitioner T.Balasubramanian versus Tamil Nadu Civil Supplies Corporation (Chairman cum Managing Director; Senior Regional Manager, Channai North Region). Subject: recovery of amounts from terminal benefits vide order BSLA 17/8305/10 dated 24.07.2012; prayer for Certiorarified Mandamus under Article 226. Outcome: writ petition abated by operation of law on the death of the sole petitioner and closed as abated; liberty left to legal representatives to file appropriate application. No precedents cited; no merits decided.

What did the court decide?

No merits adjudicated and no substantive relief granted; writ petition closed as abated, with it left open to the legal representatives of the deceased petitioner to file appropriate application if they are so advised.

Why is it important?

As the sole petitioner is deceased and learned counsel for the petitioner could not get particulars of, or contact, the legal representatives of the deceased petitioner, the writ petition is abated by operation of law. ¶22

What the court decided

AI extract

Outcome

No merits adjudicated and no substantive relief granted; writ petition closed as abated, with it left open to the legal representatives of the deceased petitioner to file appropriate application if they are so advised.

Issue for consideration

Whether the writ petition should stand abated, the sole petitioner having died and his legal representatives being untraceable despite counsel's efforts.

Court's answer

As the sole petitioner is deceased and learned counsel for the petitioner could not get particulars of, or contact, the legal representatives of the deceased petitioner, the writ petition is abated by operation of law.

Ratio / Principle

On account of the abatement, the writ petition is closed as abated.

Detailed headnote1 paragraphs

High Court of Judicature at Madras, W.P.No.27308 of 2012 (Mummineni Sudheer Kumar J., 27.01.2025): Writ petition by T.Balasubramanian under Article 226 of the Constitution of India seeking quashing of order BSLA 17/8305/10 dated 24.07.2012 of the Tamil Nadu Civil Supplies Corporation and refund of the amount recovered from his terminal benefits. On the matter being taken up, counsel reported that the petitioner (aged about 66 years, petition filed in 2012) was no more and that his legal representatives could not be traced. The Court held the writ petition abated by operation of law on the death of the sole petitioner and closed it as abated, leaving it open to the legal representatives to file appropriate application if so advised. No question on the merits was adjudicated.

A

W.P.No.27308 of 2012

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

W.P.No.27308 of 2012

T.Balasubramanian

... Petitioner

Vs.

1.The Chairman cum Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, 12, Thambusamy Road, Kilpauk, Chennai- 600 010.

2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Channai North Region, No.7, Conran Smith Road, Gopalapuram, Chennai- 600 086

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, directing to call for the records

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W.P.No.27308 of 2012

relating to the order of the 1^st respondent BSLA 17/8305/10 dated 24.07.2012 and quash the same and thereby directing the 2^nd respondent to refund the amount recovered from the terminal benefits.

For Petitioner : M/s.S.Swaminathan For Respondent : Mr.C.Selvaraj

O R D E R

When the matter is taken up for consideration, it is brought to the

notice of this Court that Mr.S.Swaminathan, learned counsel for the petitioner that the petitioner was aged about 66 years and the present writ petition was filed in the year 2012, and Subsequently, he came to know that the petitioner is no more and inspite of his best efforts he is not in a position to get particulars of the legal representatives of the deceased/petitioner and unable to contact them.

2.In view of the same, the writ petition is abated by operation of law the death of the sole petitioner. Hence, writ petition is closed as abated. However, it is left open to the legal representatives of the deceased/petitioner to file appropriate application if they are so advised.

27.01.2025

vsn

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W.P.No.27308 of 2012

To

1.The Chairman cum Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, 12, Thambusamy Road,

Kilpauk, Chennai- 600 010.

2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Channai North Region, No.7, Conran Smith Road, Gopalapuram, Chennai- 600 086

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W.P.No.27308 of 2012

MUMMINENI SUDHEER KUMAR, J.

vsn

W.P.No.27308 of 2012

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27.01.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition should stand abated, the sole petitioner having died and his legal representatives being untraceable despite counsel's efforts.medium confidence¶22
The court held
As the sole petitioner is deceased and learned counsel for the petitioner could not get particulars of, or contact, the legal representatives of the deceased petitioner, the writ petition is abated by operation of law.ratio¶22

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶13

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of the 1st respondent bearing reference BSLA 17/8305/10 dated 24.07.2012, sought to be quashed by the writ petition, which additionally sought a direction to the 2nd respondent to refund the amount recovered from the petitioner's terminal benefits.¶17
1st respondent (The Chairman cum Managing Director, Tamil Nadu Civil Supplies Corporation) · 24.07.2012
Prior proceeding
The present writ petition was filed in the year 2012; when the matter was taken up in 2025, counsel reported that the sole petitioner had died (aged about 66 years) and that despite his best efforts he could not obtain particulars of, or contact, the legal representatives of the deceased petitioner.¶21

Parties & counsel

AI extract

petitioner
T.Balasubramanian¶7
S.Swaminathan
respondent
The Chairman cum Managing Director, Tamil Nadu Civil Supplies Corporation¶10
C.Selvaraj
respondent
The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Channai North Region¶11

Coram

AI extract

MUMMINENI SUDHEER KUMARauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 27 Jan 2025 · January
Registered: 4 Oct 2012
Case no.: WP/27308/2012
CNR: HCMA010305162012
Topic: Writ and Judicial Review
Bench: Mummineni Sudheer Kumar
Disposal: CLOSED
Case type: W.P.

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Cite this judgement

R.Balasubramanian v. the Chairman Cum Managing, WP/27308/2012 (MAD), decided on 27 January 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history2

Order of the 1st respondent bearing reference BSLA 17/8305/10 dated 24.07.2012, sought to be quashed by the writ petition, which additionally sought a direction to the 2nd respondent to refund the amount recovered from the petitioner's terminal benefits.1st respondent (The Chairman cum Managing Director, Tamil Nadu Civil Supplies Corporation) · 24.07.2012
The present writ petition was filed in the year 2012; when the matter was taken up in 2025, counsel reported that the sole petitioner had died (aged about 66 years) and that despite his best efforts he could not obtain particulars of, or contact, the legal representatives of the deceased petitioner.

View full history

Bench / Coram

MUMMINENI SUDHEER KUMAR

Parties & counsel