In a Review Petition regarding an interim order in a service matter concerning school appointments, the Court noted that the original petitioner was deceased and legal heirs were not impleaded. The Court held the review petition could not be considered and dismissed it.
Review petition dismissed; no costs awarded.
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 K.VINOD CHANDRAN
MONDAY, THE 28TH DAY OF MARCH 2016/8TH CHAITHRA, 1938
RP.No. 596 of 2006 (R) IN OP.14434/2002
AGAINST THE JUDGMENT IN OP NO.14434/2002 of HIGH COURT OF KERALA DATED 16-06-2006
PETITIONER/RESPONDENT NO.4:
T.C.KRISHNA VARMA RAJA MANAGER, RAJAH'S HIGH SCHOOL RAJAH'S U.P.SCHOOL, RAJAH'S L.P. SCHOOL NILESHWAR, KASARGOD DIST.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3:
1. V.C.KERALA VARMA RAJA VADAKKE KOVILAGAM, `SAI KRIPA' POST PUDUKAI, NILESHWAR.
2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF EDUCATION GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
3. THE DEPUTY DIRECTOR OF EDUCATION, KASARGOD.
4. THE ADMINISTRATIVE ASSISTANT-IN-CHARGE OF D.D. OFFICE OF THE DEPUTY DIRECTOR OF, EDUCATION, KASARGOD.
BY ADV. SRI.B.RAMACHANDRAN BY GOVERNMENT PLEADERSMT. M.J. RAJASREE
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 28-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 596 of 2006 (R) IN OP.14434/2002
APPENDIX
PETITIONER'S EXHIBITS :-
ANNEXURE I - COPY OF THE DEATH CERTIFICATE OF THE PETITIONER IN THE O.P.
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
K. VINOD CHANDRAN, J.
----------------------------------
R.P. No.596 of 2006 In
O.P. No.14434 of 2002-R
---------------------------------Dated this the 28th day of March, 2016
O R D E R
The Review Petition was filed against the
judgment in O.P. No.14434 of 2002. The judgment, as revealed from the records, only disposed of the writ petition, in terms of the interim order. The interim prayer made was to direct respondents 2 and 3 not to approve any appointments made by the present Manager to the Schools of the Royal family, till Ext.P1 is complied with. The interim order was granted as prayed for on 03.06.2002 in CMP No.24306 of 2002.
R.P. No.596 of 2006 In O.P. No.14434 of 2002-R 2
the petitioner in the writ petition was no more. Hence there was a direction dated 11.12.2006 to implead the legal heirs of the petitioner in the writ petition. Though an impleading petition was filed as I.A. No.3771 of 2006, no process has been filed, hence no notice was sent. In such circumstance, the review petition cannot be considered.
However, the learned counsel for the review
R.P. No.596 of 2006 In O.P. No.14434 of 2002-R 3
petitioner submits that the petitioner in the writ petition was no more even at the time when the writ petition was disposed of. If that is true, it would make the order, a non-est order. The review petitioner would be entitled to take up his remedies.
The review petition is dismissed. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE.
//True Copy//
P.A. to Judge.
sp/28/03/16
2 issues framed by the court
Whether a review petition can be considered when the petitioner in the underlying writ petition was deceased and legal heirs were not impleaded.
Whether the non-impleadment of legal heirs due to lack of process file makes the underlying order a non-est order allowing remedies under review.
T.C.Krishna Varma Raja
V.C.Kerala Varma Raja Vadakke Kovilagam
State of Kerala
The Deputy Director of Education
The Administrative Assistant-In-Charge
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
