IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 582 of 2006 Between: K.Subrahmanyam S/o.Srinivasulu Patarapallu, Yadamarri Mandal, Chittoor District ... PETITIONER AND 1 The Primary Agricultural Cooperative Society Ltd., Patarapally, Yadamarri Mandal, Chittoor District rep.by its President 2 The Deputy Registrar of Cooperative Societies/Divisional Cooperative officer, Chittoor, Chittoor District 3 The Joint Registrar of Cooperative Societies./District Cooperative Officer, Chittoor District, Chittoor ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus:- i). declaring the suspension order issued by Primary Agricultural Cooperative Society Ltd., Periambadi, now merged with the 1st respondent dated 13.9.2003 suspending the petitioner from service without holding any enquiry as a punishment, as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against Bylaw No.12 of the Special Bylaws relating to the service conditions of the employees working in primary Agricultural Cooperative Societies; consequently ii). set aside the same; consequently iii).declare that non- payment of subsistence allowance from the date of suspension i.e., 13.9.2003 by the Primary Agricultural Cooperative Society Ltd., Periambadi, which is now merged with the 1st respondent till today is also illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the Bylaw No.12 of the Special Bylaws relating to the service conditions of the employees working in primary Agricultural Cooperative Societies; consequently iv). direct the respondents to reinstate the petitioner into service as secretary by paying him salary with effect from the date of suspension by giving all service benefits including pay and allowance; and v). pass such other order or orders as the Hon`ble Court deems fit and proper and appropriate in the circumstances of the case. Counsel for the Petitioner:MR.NANDIGAM KRISHNA RAO Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : O R D E R: In this writ petition, an order, dated 13.9.2003, through which the petitioner was placed under suspension, is challenged. It is represented by the learned counsel for the petitioner that his client died on 9.5.2008. This court is of the view that having regard to the nature of the relief claimed in the writ petition, the cause of action does not survive on the death of the petitioner. At the most, the legal representatives of the petitioner have to work out their remedies, vis-à-vis the respondents, for death/retirement benefits. Hence, the writ petition is closed, leaving it open to the legal representatives of the petitioner, to work out their remedies, as regards benefits extendible, on account of the death of the petitioner. There shall be no order as to costs. ________________ 11th June 2008 PAN