Case Note & Summary
The petitioner, R. Muthukumarappan, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court seeking a writ of certiorarified mandamus to quash an order dated 03.02.2015 passed by the first respondent (Joint Registrar of Cooperative Societies, Villupuram) and to direct respondents 2 to 5 to disburse arrears of retirement benefits amounting to Rs.2,62,752/- with interest. The matter came up for hearing on 23.01.2026. The counsel for the petitioner submitted that she had no instructions from the petitioner. The counsel for the fourth respondent brought to the court's attention that the death of the petitioner had already been recorded by this court in W.P.No.170 of 2017 as early as on 01.02.2023. The court observed that since no steps had been taken from 2023 onwards for substitution or otherwise, there was no purpose in keeping the writ petition pending without any progress. Consequently, the court dismissed the writ petition as abated and closed the connected miscellaneous petitions. No costs were awarded.
Headnote
A) Civil Procedure - Abatement of Writ Petition - Death of Petitioner - Substitution - Where the petitioner died and no steps were taken for substitution for over three years, the writ petition is dismissed as abated - Held that there is no purpose in keeping the petition pending without any progress (Paras 1-4).
Issue of Consideration
Whether a writ petition seeking arrears of retirement benefits can be kept pending when the petitioner has died and no steps have been taken for substitution for over three years.
Final Decision
Writ Petition dismissed as abated. Connected miscellaneous petitions closed. No costs.
Law Points
- Abatement of writ petition on death of petitioner
- No substitution despite knowledge
- Dismissal for non-prosecution
Case Details
2026 LawText (MAD) (01) 229
Ms.P.Dhaarani for Mr.C.Prakasam (for petitioner), Mr.U.M.Ravichandran (Special Government Pleader for R1), Mr.R.Arumugam (for R4)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking certiorarified mandamus to quash an order and direct disbursement of retirement benefits.
Remedy Sought
Petitioner sought quashing of order dated 03.02.2015 and direction to respondents 2 to 5 to disburse arrears of retirement benefits of Rs.2,62,752/- with interest.
Filing Reason
Petitioner challenged an order of the Joint Registrar of Cooperative Societies and sought payment of retirement benefits.
Previous Decisions
The death of the petitioner was recorded by this Court in W.P.No.170 of 2017 on 01.02.2023.
Issues
Whether the writ petition should be dismissed as abated due to the death of the petitioner and failure to take steps for substitution.
Submissions/Arguments
Petitioner's counsel submitted no instructions from petitioner.
Respondent's counsel submitted that petitioner's death was recorded in another writ petition on 01.02.2023.
Ratio Decidendi
A writ petition abates upon the death of the sole petitioner if no steps are taken for substitution within a reasonable time, and the court may dismiss the petition as abated to avoid keeping it pending without progress.
Judgment Excerpts
The learned counsel on record for the petitioner would submit that she has no instructions from the petitioner.
Since no steps have been taken from the year 2023 onwards, there is no purpose in keeping the present Writ Petition pending without any progress.
In view of the above, this Writ Petition stands dismissed as abated.
Procedural History
The writ petition was filed in 2016. On 01.02.2023, in another writ petition (W.P.No.170 of 2017), the death of the petitioner was recorded. No steps were taken thereafter for substitution. On 23.01.2026, the court dismissed the petition as abated.
Acts & Sections
- Constitution of India: Article 226
