Original petitioner S.Seetharaman applied to be impleaded after his death. The Court held the writ petition abated due to the petitioner's death and dismissed the interpleader application for impleading.
Application for impleading dismissed; Writ petition dismissed as abated. Pending applications closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
WP(C) NO. 19307 OF 2017
PETITIONER:
1 S.SEETHARAMAN S/O.SHANKARANARAYANA IYER, AGED 71 YEARS, RESIDING AT RAMAPRIYA, HIGH ROAD, ALUVA-683 101.BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
B.DEEPAK
RESPONDENTS:
1 THE LAND REVENUE COMMISSIONER THIRUVANANTHAPURAM-695 001.2 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM-695 001.3 THE REVENUE DIVISIONAL OFFICER CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695 043.4 THE TAHSILDAR CHIRAYINKEEZHU, ATTINGAL POST, THIRUVANANTHAPURAM-695 101.5 THE ASSISTANT DIRECTOR SURVEY & LAND RECORDS DEPARTMENT, NEYYATTINKARA, THIRUVANANTHAPURAM-695 001.6 UNNI PILLAI S/O.GOVINDA PILLAI, RESIDING AT CHARUVILA PUTHEN VEEDU, PERUMKULAM POST, THIRUVANANTHAPURAM-695 102.W.P.(C)19307/17 & I.A.1/21
2
7PRASANNA KURUP
RESIDING AT KARUMOPALAYIL HOUSE,
PERUMKULAM POST, THIRUVANANTHAPURAM-695 102.
SRI. TEK CHAND SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)19307/17 & I.A.1/21
3
JUDGMENT
Dated this the 11th day of November, 2021
S.Manikumar, C.J.
Mr.S.Seetharaman, the then General Secretary of all Kerala River Protection Council, registered as a Non Governmental Organisation having registration No.1052/99, had filed the instant writ petition for the following reliefs:
W.P.(C)19307/17 & I.A.1/21
4
this area was conducted;
filed by the current General Secretary to implead him as petitioner No.2. Reasons assigned are as hereunder:
“2. The above writ petition was filed in relation to the large scale reclamation of canals which are linked to Valiyathodu situated in Keezhattingal Village, Thiruvananthapuram District and involves public interest. The sole petitioner who was the General Secretary of All Kerala River Protection Council (the Council for short) in the above writ petition (Civil) had died on 9.12.2020. The above writ petition was filed by the original petitioner in his personal capacity. It is submitted that I am currently the General Secretary of the Council and I am interested in continuing the proceedings in the above writ petition as it involves public Interest. Hence, I may be impleaded as supplemental 2nd petitioner in the above writ petition and permitted to continue the proceedings. interest of justice warrants that I am brought on record failing which serious prejudice would be caused to me and others.”
W.P.(C)19307/17 & I.A.1/21
5
learned counsel for the petitioner, submitted that the writ petitioner, Mr.S.Seetharaman, the then General Secretary of all Kerala River Protection Council, has expired.
In the light of the above, I.A.No.1 of 2021 is dismissed. Hence, the writ petition is dismissed as abated.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge
vpv
//true copy//
P.A. to Judge
1 issue framed by the court
Whether an interim impleading of a petitioner's successor is maintainable when the primary petitioner has died and the writ petition is abated.
S.Seetharaman
All Kerala River Protection Council (via successor)
The Land Revenue Commissioner Thiruvananthapuram
The District Collector Thiruvananthapuram
The Revenue Divisional Officer Civil Station KUDAPPANAKKUNNU
The Tahsildar Chirayinkeezhu
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court