The High Court of Kerala dismissed Writ Petition No.4032 of 2017 as abated. Counsel for the petitioner submitted that the petitioner was deceased and the legal representatives are not interested in prosecuting the petition further. No other substantive arguments were recorded. Only the headnote is present.
The writ petition stands dismissed as abated.
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 ALEXANDER THOMAS
WEDNESDAY, THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940
WP(C).No.4032 of 2017
PETITIONER/S:
K.V.GOPI, AGED 82 YEARS, S/O.VELU,KARIPPELIKUTTY, KADIKANDAM,KANJIRAVELI, P.O.NERIYAMANGALAM, DEVIKULAM TALUK.
BY ADV. SRI.T.O.XAVIER
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY IT'S SECRETARY, REVENUE DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM.
3 THE DIVISIONAL FOREST OFFICER MUNNAR.
OTHER PRESENT:
SRI.SANDESH RAJA.K, SPL.GOVT.PLEADER (FOREST)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4032 of 2017
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ALEXANDER THOMAS, J .
W.P(C).No.4032 Of 2017
Dated this the 19th day of December, 2018.
J U D G M E N T
The main prayer in the above Writ Petition
(Civil) is as follows:
“to declare that the petitioner is entitled to get Pattayam for 2.19 Acres of land in his possession based on Ext.P5 to Ext.P11 documents.”
2. Sri.T.O.Xavier, learned counsel for the petitioner, submits that the writ petitioner has died during the pendency of this Writ Petition and the learned counsel has been now instructed by the LRs of the deceased petitioner that they are not interested to prosecute the Writ Petition any further.
In the light of the abovesaid submission made on behalf of the petitioner, the above Writ Petition will stand dismissed as abated.
Sd/-
ALEXANDER THOMAS,
JUDGE.
Bkn/-
WP(C).No. 4032 of 2017
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APPENDIX
PETITIONER'S/S EXHIBITS:
| P1 | A TRUE COPY OF THE ORDER IN THAT RESPECT ISSUED BY THE CHIEF SECRETARY TO GOVERNMENT |
|---|---|
| P2 | A TRUE COPY OF THE CERTIFICATE DATED 1.8.1987 ISSUED BY THE SECRETARY, NERIYAMANGALAM CO-OPERATIVE COLONY LTD. |
| P3 | A TRUE COPY OF THE GOVERNMENT ORDER DATED 31.8.1989 ISSUED BY THE 1ST RESPONDENT. |
| P4 | A TRUE COPY OF THE GOVERNMENT ORDER DATED 3.3.1992 ISSUED BY THE 1ST RESPONDENT |
| P5 | A TRUE COPY OF THE REPORT DATED 6.4.1992 SUBMITTED BY THE VILLAGE OFFICER, ADIMALI |
| P6 | A TRUE COPY OF THE COMMUNICATION DATED 10.3.1993 SUBMITTED BY THE TAHSILDAR, DEVIKULAM TO THE DISTRICT COLLECTOR, IDUKKI |
| P7 | A TRUE COPY OF THE REPORT DATED 3.3.1993 SUBMITTED BY THE REVENUE INSPECTOR, PALLIVASAL TO THE TAHSILDAR, DEVIKULAM |
| P8 | A TRUE COPY OF THE REPORT DATED 22.3.93 PREPARED BY THE DISTRICT COLLECTOR, IDUKKI |
| P9 | A TRUE COPY OF THE REPORT DATED 14.1.1994 OF THE VILLAGE OFFICER MANNAMKANDAM |
| P10 | A TRUE COPY OF THE COMMUNICATION DATED 12.4.94 OF THE TAHSILDAR DEVIKULAM |
| P11 | A TRUE COPY OF THE COMMUNICATION DATED 10.5.94 FROM THE DISTRICT COLLECTOR, IDUKKI TO THE COMMISSIONER & SECRETARY REVENUE (P) DEPARTMENT, TRIVANDRUM. |
WP(C).No. 4032 of 2017
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| P12 | A TRUE COPY OF THE JJUDGMENT IN O.P.NO.16265/1994 DATED 22.11.1994. |
|---|---|
| P13 | A TRUE COPY OF THE ORDER DATED 27.6.1995 ISSUED BY THE 1ST RESPONDENT |
| P14 | A TRUE COPY OF THE JUDGMENT DATED 21.1.2004 IN OP NO.11733/1995 |
| P15 | A TRUE COPY OF THE ORDER DATED 18.9.2004 ISSUED BY THE GOVERNMENT OF KERALA |
| P16 | A TRUE COPY OF THE JUDGMENT IN WPC NO.2066/2005 DATED 11.1.2017 |
| P17 | A TRUE COPY OF THE ORDER NO.604/2016/REVENUE DT.26.12.2016 |
1 issue framed by the court
Whether the writ petition filed by the deceased petitioner for declaration of land rights stands dismissed due to abatement.
K.V.GOPI
STATE OF KERALA
DISTRICT COLLECTOR IDUKKI
DIVISIONAL FOREST OFFICER MUNNAR
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
