Dismissed

State of Kerala v. Nanukuttan Nair

Kerala HC9 Mar 2018LA.App./129/2016

Case brief

AI extract

What is this about?

The court examined the death of the sole claimant before the passing of the decree in a land acquisition appeal. Ruling that a decree in favour of a deceased person is a nullity and that legal heirs cannot be added as respondents since death occurred pre-decree, the court dismissed the interlocutory applications to amend cause title. The appeal memorandum was also rejected.

What did the court decide?

Interlocutory applications for amendment of cause title and condonation of delay were dismissed. The appeal memorandum was rejected.

State of Kerala Vs Nanukuttan Nair — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939

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LA.App..No. 129 of 2016

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AGAINST THE JUDGMENT AND DECREE IN LAR NO. 16/2011 OF II ADDL.SUB COURT, THIRUVANANTHAPURAM

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APPELLANT/RESPONDENT IN LAR

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STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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BY PUBLIC PROSECUTOR SRI.SYAMJI RAM

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RESPONDENT/CLAIMANT IN LAR :

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NANUKUTTAN NAIR, S/O.KESAVA PILLAI, VAZHAVILAKATHU VEEDU, KALADY, KARAMANA.P.O, THIRUVANANTHAPURAM-695 002.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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cms

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K.ABRAHAM MATHEW J.

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L.A.A.No.129 of 2016

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Dated this the 9^th day of March, 2018

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JUDGMENT

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The decree passed by the Sub Court, Thiruvananthapuram in LAR No.16 of 2011 is being challenged by the State in this appeal. On the allegation that the sole respondent, who was the sole claimant in the trial court, died on 22.2.2013 the appellant State has filed I.A.No.65 of 2018 to amend the cause title so that the legal heirs of the sole respondent may be shown as the respondents in the appeal. It has filed C.M.A.No.40 of 2018 to condone the delay in filing I.A.No.65 of 2018.

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I have perused the copy of the certified copy of the death certificate produced by the State along with a memo. In the decree passed by the trial court and the appeal memorandum the name of the claimant is shown as Nanukuttan Nair, son of Kesava Pillai, Vazhavilakth Veedu, Kalady, Karamana P.O, Thiruvananthapuram. But the death certificate is in respect of K.Nanu Pillai, son of Kesava Pillai, Vazhavilakam, Kalady, Karamana. The certificate issued by the village officer concerned proved that K.Nanu Pillai and Nanukuttan Nair were one and the same person. So the sole respondent, who was the claimant in the trial court, died on 22.2.2013. The decree that is being challenged in this appeal was passed on 19.9.2015. It is a decree in favour of a dead person. It is a nullity. As the death occurred even before the passing of the decree and not during the pendency of this appeal, the legal representatives of the deceased cannot be impleaded as additional respondents.

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L.A.A.No.129 of 2016 2

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In the result, these interlocutory applications are dismissed. The appeal

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memorandum is rejected.

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K.ABRAHAM MATHEW JUDGE

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State of Kerala v. Nanukuttan Nair

Case brief

What is this about?

What did the court decide?

State of Kerala v. Nanukuttan Nair

Case brief

What is this about?

What did the court decide?

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