The High Court of Kerala dismissed a Writ Petition filed by the original petitioner (now deceased) for not impleading legal heirs within the stipulated time after her death over a year ago.
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 P.R.RAMACHANDRA MENON
MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936
WP(C).No. 7889 of 2007 (L)
PETITIONER :
RAGEENA, AGED 78, W/O.LENDAPARAMBI JOSEPH, EDACOCHIN, COCHIN-6.
BY ADVS.SRI.B.RAMACHANDRAN SMT.P.N.INDU
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF LAW, THIRUVANANTHAPURAM.
2. THE TAHSILDAR, KOCHI TALUK.
3. THEVAN CHELLAPPAN, AGED ABOUT 72 YEARS, RESIDING IN CHARTHU BEHIND SHOP BUILDING C.C.NO.XII/98(OLD) EDACOCHIN, COCHIN-6.
R1 & R2 BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R3 BY ADV. SRI.SAJAN MANNALI SRI.M.P.JAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.7889/2007
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
P.R. RAMACHANDRA MENON, J.
W.P.(C) No.7889 of 2007
Dated this the 5th day of January, 2015
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“i) issue a writ of certiorari or any other appropriate writ, direction or order and call for entire records leading to Exhibit P2, scrutinise the same and quash Ext.P2 notice holding it as illegla and arbitrary;
ii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the Land Tribunal, Ernakulam to forward its finding in R.C. No.6/98 to the Munsiff Court, Kochi, where O.S. No.156/1990 is pending awaiting Land Tribunal Findings;
iii) allow cost of this Writ Petition; and
iv) allow any other relief which this Hon'ble Court deem fit and proper to grant in the circumstances of the case.”
09.02.2012, it was stated that the petitioner was no more and that the legal heirs were sought to be impleaded. Though the impleadment of the legal heirs was sought to be opposed from the part of the 3rd respondent stating that the death of the petitioner was more than one year ago, an opportunity was given
by this Court to implead the legal heirs within a period of three
W.P.(C) No.7889 of 2007
2
weeks from the date of the order. It was also made clear that, if no steps were taken, the writ petition would stand dismissed. Despite the lapse of more than 2½ years after passing the said order, no steps have been taken to bring the legal heirs in the party array.
The order dated 09.02.2012 is a self serving one and as
such the writ petition is dismissed accordingly.
P.R. RAMACHANDRA MENON,
JUDGE
sp
1 provisions across 1 enactments
Rageena
State of Kerala
The Tahsildar, Kochi Taluk
Thevan Chellappan
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
