IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.03.2017 CORAM THE HONOURABLE Mr.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN W.P.No.4825 of 2011 and M.P.No.1 of 2011 L.Lingam Ramalingam ... Petitioner Vs.
The State Level Caste Scrutiny Committee rep., by its Chairman, Government of TamilNadu, Fort St. George, Chennai -600 009.
... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records relating to the proceedings in No.6412/CV II/2009 dated 11.02.2011 of the respondent and quash the same.
For Petitioner : Mr.M.Suresh kumar For Respondent : Mr.A.Kumar, Special Govt.Pleader Mr.V.G.Suresh Kumar for Railways O R D E R K.K.SASIDHARAN,J.
The State Level Scrutiny Committee constituted by the Government, passed an order dated 11 February 2011, holding that the petitioner does not belong to "Kurumans' Community. The State Level Scrutiny Committee directed cancellation of the Schedule Tribe certificate issued to the petitioner on 25 May 1977. The said order is under challenge in this writ petition.
2. The learned counsel for the Railways on instructions submitted that during the currency of this writ petition, the petitioner died. The Railways have already paid terminal benefits to the petitioner during his life time. Subsequent to his death, family pension was granted to his wife.
3. We have also heard the learned counsel for the petitioner.
4. There is no question of adjudicating the merits of the order passed by the State Level Scrutiny Committee, in view of the death of the writ petitioner. The Railways have already disbursed the retirement benefits to the petitioner. We are informed that the wife of the petitioner is now receiving family pension.
5. The writ petition filed by the petitioner abates. We also make it clear that we are not examining the correctness of the order passed by the State Level Scrutiny Committee on account of the death of the petitioner during the currency of the writ petition and the issue would survive in case the legal representatives make a claim for certificate by placing reliance on the Community Certificate of the petitioner.
6. The writ petition is closed with the above observation. No costs. Consequently, connected miscellaneous petition is closed.
svki To
(K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.)
16 March 2017
The Chairman, The State Level Caste Scrutiny Committee Government of TamilNadu, Fort St. George, Chennai 600 009.
K.K.SASIDHARAN.,J.
and M.V.MURALIDARAN.,J.
(svki) W.P.No.4825 of 2011
16.03.2017
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