Court closed writ petition due to death of petitioner with no impleadment actions taken, leaving remedy open to legal heirs subject to limitation laws.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938
WP(C).No. 3116 of 2008 (U)
PETITIONER:
SULOCHANA AMMA, AGED 67, D/O.NARAYANI AMMA, CHERANGATHODI, VELUTHEDATH HOUSE, ELAMKULAM AMSOM,, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.
BY ADVS.SRI.G.SREEKUMAR (CHELUR) SMT.M.M.DEEPA SRI.JAYKAR.K.S. SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH)
RESPONDENT(S):
1. THE ELAMKULAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, P.O.KUNNAKAVU, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.
2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA.
3. BHARATHI, W/O.KUMARAN NAIR, CHERANGATHODI VELUTHEDATH HOUSE,, ELAMKULAM AMSOM, PERINTHALMANNA TALUK, P.O.CHERUKARA, MALAPPURAM DISTRICT.
4. MANIKANDAN, S/O.NARAYANAN NAIR, NEZHUKIL HOUSE, P.O.CHERUKARA, MALAPPURAM DISTRICT.
5. E.M.MADA MOIDEENKUTTY, S/O.MOIDU, E.M.MADA HOUSE, P.O.CHERUKARA,, MALAPPURAM DISTRICT.
R1 BY ADV. SRI.MANSOOR.B.H.
R2 BY GOVERNMENT PLEADER SRI MANURAJ K.J. R,3 BY ADV. SRI.T.SETHUMADHAVAN R3 TO 5 BY ADV. SRI.K.JAYESH MOHANKUMAR R3 TO 5 BY ADV. SRI.PUSHPARAJAN KODOTH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WPC NO 3116 OF 2008:
APPENDIX
PETITIONERS EXHIBITS:
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
K.V.
K. VINOD CHANDRAN, J.
=====================
W.P.(C) No.3116 of 2008 - U
======================
Dated this the 17th day of October, 2016
J U D G M E N T
The petitioner was aggrieved with the order passed by
the Panchayath produced at Ext.P2, directing the removal of a
tree standing in the petitioner's property. By order dated
25.01.2008 it was directed that if the trees in question are not yet
cut or removed, the same will not be cut or removed till further orders. On 28.09.2016, it was submitted that the petitioner is no more and steps are to be taken to implead the legal heirs. No steps have been taken as of now.
The writ petition hence would stand closed, leaving open the remedy of the legal heirs to contest the subject matter, if the need arises, subject to laws of limitation.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/17/10/2016
// true copy //
P.A to Judge
SULOCHANA AMMA
THE ELAMKULAM GRAMA PANCHAYATH
THE REVENUE DIVISIONAL OFFICER PERINTHALMANNA
BHARATHI
MANIKANDAN
E.M.MADA MOIDEENKUTTY
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
