Writ petition dismissed for non-prosecution after petitioner’s death and failure to contact legal heirs.

The petitioner, S. Saifudeen, a Deputy Collector under suspension and not permitted to retire, challenged G.O.Ms. No. 70 and G.O.Ms. No. 172, both dated 28 June 2024, issued by the Revenue and Disaster Management Department.

He sought quashing of those orders and a direction to treat him as having retired from service on 30 June 2024, with attendant monetary and pensionary benefits.

During the pendency of the writ petition, the petitioner died in 2025. His counsel informed the Court that the petitioner’s legal heirs could not be contacted.

Whether the writ petition challenging the petitioner’s suspension and the order refusing to permit him to retire could be proceeded with after his death when his legal heirs had not been brought on record or contacted?

Whether the writ petition should be dismissed for non-prosecution in the circumstances?

The petition was instituted under Article 226 of the Constitution of India, invoking the High Court’s jurisdiction to issue a writ of certiorarified mandamus.

The Court applied the procedural principle that a writ petition may be dismissed for non-prosecution where, due to the petitioner’s death and the absence of available legal representatives, there is no effective progress or proper continuation of the proceedings.

The Court noted that the petitioner had challenged both his suspension and the order preventing him from retiring, but had died during the pendency of the proceedings. Since counsel was unable to contact or bring the legal heirs before the Court, the proceedings could not meaningfully progress.

In those circumstances, the Court held that there was no purpose in keeping the writ petition pending and treated the matter as one warranting dismissal for non-prosecution, without examining the validity of the impugned Government Orders or the petitioner’s entitlement to retirement and pensionary benefits.

The Court did not adjudicate the merits of the challenge to G.O.Ms. Nos. 70 and 172 or the claim for retirement and pensionary benefits. No costs were awarded. The connected miscellaneous petition, W.M.P. No. 23706 of 2024, was also closed.