Revision petitioner challenged an order directing a deceased person to surrender land. The Court set aside the order as passed against a dead person without impleading her legal representatives and directed reconsideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930
CRP.No. 335 of 2008()
-------------------------------(AGAINST THE ORDER DATED 28/01/2008 OF THE TALUK LAND BOARD, MANANTHAVADY AND DEPUTY COLLECTOR (LR) WAYANADU)
REVISION PETITIONER/S/O.THE DECEASED DECLARANT:
------------------------------------------------------------------------------------
RADHAKRISHNAN.E., S/O. LATE MRS.NANJI AVVA, EDACHERY HOUSE, THOLPETTI P.O. WAYANAD DISTRICT.
BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH
RESPONDENTS:
-------------------------
1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, WAYANADU.
2. TALUK LAND BOARD, MANANTHAVADY, WAYANADU DISTRICT.
BY GOVERNMENT PLEADER SMT. R. BINDU
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
ORDER ON I.A.NO.931/2008 IN C.R.P.NO.335/2008
DISMISSED
08/04/2008
SD/- M.N.KRISHNAN, JUDGE
/TRUE COPY/
P.A.TO JUDGE
Kss
M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 335 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008.
This revision petition is preferred against the order of
the Taluk Land Board dated 28.1.08. The Taluk Land Board, Wayanad by its order directed Smt. Nanji Avva to surrender 4.41½ acres of land. The learned counsel for the revision petitioner has produced before me the death certificate of Nanji Avva which would show that she died on 4.6.07 that is almost seven months prior to the passing of the order. So it is clear that the order is passed against a dead person and the legal representatives have not been impleaded. Now, a legal representative has come up in revision. When an order is passed against a dead person it will not have legal force and therefore I set aside the order and direct the Taluk Land Board to reconsider the entire matter after impleading the legal representatives of deceased K.T. Nanji Avva. I direct the revision petitioner to move an application for impleadment and raise the contentions which he is entitled to do in law and the Taluk Land Board is directed to pass fresh
CRP NO. 335 of 2008
-:2:-
orders after hearing all concerned. The Taluk Land Board
shall give a notice to the present revision petitioner namely Radhakrishnan, Son of late Mrs. Nanji Avva, Edachery House, Tholpetti P.O., Wayanad District and then proceed with the matter.
The C.R.P. is disposed of accordingly.
Sd/-
M.N. KRISHNAN, JUDGE.
ul/-
[True copy]
P.A. to Judge.
RADHAKRISHNAN.E.
STATE OF KERALA
TALUK LAND BOARD, MANANTHAVADY
M.N. KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
