A. Vimala vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

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Citation: sooperkanoon.com/1645002
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Jul 30, 2021
Case Number: RP/482/2021

Parties & Advocates

Appellant / Petitioner

A. Vimala

Respondent

State of Kerala

Excerpt

.....ezhuthachan, karthika, kundayithodu, kolathara.p.o, kozhikode district-673 037 6 sujatha.p.u, d/o unnikrishnan ezhuthachan, sopananm, kohinoor, calicut university.p. kozhikod district673 635. by adv k.mohanakannan respondent: 1 state of keralarepresented by its secretary to government general education department secretariat, thiruvananthapuram-695 001 2 director of general education, jagathy, thiruvananthapuram-695 014 3 deputy director of education, kozhikkod - 673 001. 4 district educational officer, kozhikkod-673 004 5 asst.educational officer, feroke, kozhikode district- sri. p.m.manoj - sr.gp this review petition having come up for admission on 30.07.2021, the court on the same day delivered the following:orderthis petition, seeking review of the judgment, has been filed on the assertion that on 23.03.2021, being the date of the judgment, the writ petitioner had died; but that this was omitted to be brought to the notice of this court. the review petitioners say that they are the legal heirs of the original writ petitioner and, therefore, that they have a right to be heard by the competent educational authority, as has been ordered in the judgment.2. if the petitioner had indeed died on the date on whichthe judgment was delivered, then same becomes non est in law and, therefore, i deem it appropriate to allow this review petition and to hear the writ petition again. i recall the judgment and proceed to hear the writ petition and dispose it again. sd/- devan ramachandran judge sas/30/07/2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 AGAINST THE JUDGMENT IN WP(C) 2561/2021 OF HIGH COURT OF KERALA, ERNAKULAM REVIEW PETITIONER/S: 1 A. VIMALA AGED 60 YEARS W/O LATE VIJAYANARAYANAN, INDEEVARAM, CHERUVANNUR, FAROKE,P.O, KOZHIKKOD DISRTICT -673 631.
2 VIBIN KRISHNAN,P, S/O LATE VIJAYANARAYANAN, INDEEVARAM, MADURA BAZAR, FAROKE.P.O, KOZHIKKOD DISTRICT-673 631 3 VIDYALAKSHMI, D/O LATE VIJAYANARAYANAN, INDEEVARAM, SRERAKTNAM KAKKODI, P.O., KOZZHIKODE DIST-673 611 4 VALSLA KUMARI.P.U, D/O UNNIKRISHNAN EZHUTHACHAN, PURNAMI, NELLOOR, FAROKE.P.O, KOZHIKKOD DISTRICT-673 5 NIRMALA KUMAARI, D/O UNNIKRISHNAN EZHUTHACHAN, KARTHIKA, KUNDAYITHODU, KOLATHARA.P.O, KOZHIKODE DISTRICT-673 037 6 SUJATHA.P.U, D/O UNNIKRISHNAN EZHUTHACHAN, SOPANANM, KOHINOOR, CALICUT UNIVERSITY.P. KOZHIKOD DISTRICT673 635. BY ADV K.MOHANAKANNAN RESPONDENT: 1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014 3 DEPUTY DIRECTOR OF EDUCATION, KOZHIKKOD - 673 001. 4 DISTRICT EDUCATIONAL OFFICER, KOZHIKKOD-673 004 5 ASST.EDUCATIONAL OFFICER, FEROKE, KOZHIKODE DISTRICT- SRI. P.M.MANOJ - SR.GP THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This petition, seeking review of the judgment, has been filed on the assertion that on 23.03.2021, being the date of the judgment, the writ petitioner had died; but that this was omitted to be brought to the notice of this Court. The review petitioners say that they are the legal heirs of the original writ petitioner and, therefore, that they have a right to be heard by the competent Educational Authority, as has been ordered in the judgment.

2. If the petitioner had indeed died on the date on which

the judgment was delivered, then same becomes non est in law and, therefore, I deem it appropriate to allow this Review Petition and to hear the writ petition again. I recall the judgment and proceed to hear the writ petition and dispose it again. Sd/- DEVAN RAMACHANDRAN JUDGE SAS/30/07/2021

Same Court & Year Kerala · 2021 Same Parties A. Vimala vs State of Kerala Same Judge Honourable Mr. Justice Devan Ramachandran