The High Court of Kerala dismissed an original petition as abated, ruling that the cause of action did not survive following the petitioner's death on 18.12.2001.
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 S.SIRI JAGAN
THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931
OP.No. 76 of 2000(H)
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PETITIONER(S):
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K. SREEDHARAN, S/O.KESAVA PANICKER, (AGED 48 YEARS), RESIDING AT PERAYATH KONATHU HOUSE, NEDUMANGADU POST, TRIVANDRUM.
BY ADV. K.P.DANDAPANI, SENIOR ADVOCATE
RESPONDENT(S):
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1. THE ASSISTANT EXCISE COMMISSIONER, TRIVANDRUM.
2. THE CIRCLE INSPECTOR OF EXCISE, NEYYATTINKARA.
3. THE EXCISE COMMISSIONER, TRIVANDRUM.
R1 TO R3 BY GOVERNMENT PLEADER MR.K.S. MOHAMMED HASHIM
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P. NO. 76/2000-H
ORDER ON C.M.P. NO.96/2000 IN O.P. NO. 76/2000
CLOSED
15/10/2009. SD/- S.SIRI JAGAN, JUDGE
//TRUE COPY//
P.A. TO JUDGE
rs.
S.SIRI JAGAN, J.
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O.P.No. 76 of 2000
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Dated this the 15th day of October, 2009
J U D G M E N T
It is submitted that the petitioner died on 18.12.2001. Since the
cause of action does survive, this original petition is dismissed as abated.
sdk+
Sd/S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
S.SIRI JAGAN, J.
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O.P.No. 76 of 2000-H
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J U D G M E N T
15th October, 2009
1 issue framed by the court
Whether the original petition survives after the death of the petitioner.
K. SREEDHARAN
THE ASSISTANT EXCISE COMMISSIONER, TRIVANDRUM
THE CIRCLE INSPECTOR OF EXCISE, NEYYATTINKARA
THE EXCISE COMMISSIONER, TRIVANDRUM
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
