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Bindhu Sebastian vs the Assistant Executive Engineer

Bindhu Sebastian vs The Assistant Executive Engineer

Type Court Judgment Court Kerala Decided Feb 01, 2021
~3 min read
https://sooperkanoon.com/case/1707227

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
RP/26/2021

Parties & Advocates

Appellant / Petitioner

Bindhu Sebastian

Respondent

The Assistant Executive Engineer

Excerpt

.....condition from 2010 onwards and that he passed away in2015. the judgment therefore has been rendered with a dead person on the party array. in the above view of the matter, i am of the opinion that thejudgment which is rendered without noticing the factum of death ofthe respondent and without impleading his legal heirs cannot survive. the review petition is, therefore, allowed. the judgment is recalled. the petitioners in the review petitions are permitted to file appropriate petition for impleading themselves as the legal representatives of the sole respondent in the writ petition. post the writ petition on 24.2.2021. sd/- anu sivaraman judge jvt/8.2.2021 -: 3 :- appendixpetitioner's annexures :- annexure a1 : true copy of the judgment dated 25.11.2019 in wp(c) no.29701 of 2011 on the files of this honourable court. annexure a2 : true copy of the hospital records of pd hinduja national hospital and medical research centre, dated 01.09.2010. annexure a3 : true copy of the treatment records dated 04.04.2013. annexure a4 : true copy of the discharge summary dated 10.7.2015. annexure a5 : true copy of the death certificate issued by the health department, changanacherry municipality. annexure a6 : true copy of the demand notice issued by the respondent herein to the review petitioners dated 28.05.2020. annexure a7 : true copy of the site mahazar dated 06.11.2009. annexure a8 : true copy of the representation dated 28.11.2009 annexure a9 : true copy of the representation dated 15.01.2010 annexure a10 : true copy of the bill dated 14.01.2010 issued by the respondent. annexure a11 : true copy of the order in o.p.no.497 of 2009 on the files of the consumer grievance redressal forum, kottarakkara. annexure a12 : true copy of the bill along with a covering letter dated 08.07.2010 issued by the respondent to the late joseph mathew. annexure a13 : true copy of the application filed by late joseph mathew before the state electricity ombudsman dated 06.07.2010. annexure.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942 RP.No.26 OF 2021 IN WP(C). 29701/2011

JUDGMENT IN WP(C) 29701/2011(K) OF HIGH COURT OF KERALA

DATED 25.11.2019 -------------------- REVIEW PETITIONERS :- 1 BINDHU SEBASTIAN, AGED 49 YEARS W/O.LATE JOSEPH MATHEW, REENA RUBBER WORKS, 2 RICHU MATHEW, AGED 19 YEARS, S/O.LATE JOSEPH MATHEW, REENA RUBBER WORKS, 3 RITTY THERESA MATHEW, AGED 16 YEARS (MINOR), D/O.LATE JOSEPH MATHEW, REENA RUBBER WORKS, REPRESENTED BY HER MOTHER BINDHU SEBASTIAN BY ADV. SMT.P.K.PRIYA RESPONDENT/PETITIONER :- ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD, THENGANA, KOTTAYAM, PIN - 686 091. BY ADV. SRI.N.SATHEESH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -: 2 :-

ORDER

Dated this the 1st day of February, 2021 Heard the learned counsel for the review petitioners as well as the learned counsel for the respondent.

2. It is submitted by the learned counsel for the review

petitioners that they are the legal heirs of the original respondent in the writ petition. The writ petition had been filed in the year 2011. It is submitted that the respondent had been under treatment for malignant condition from 2010 onwards and that he passed away in

2015. The judgment therefore has been rendered with a dead person on the party array. In the above view of the matter, I am of the opinion that the

judgment which is rendered without noticing the factum of death of

the respondent and without impleading his legal heirs cannot survive. The review petition is, therefore, allowed. The judgment is recalled. The petitioners in the review petitions are permitted to file appropriate petition for impleading themselves as the legal representatives of the sole respondent in the writ petition. Post the writ petition on 24.2.2021. Sd/- ANU SIVARAMAN JUDGE Jvt/8.2.2021 -: 3 :- APPENDIX

PETITIONER'S ANNEXURES :- ANNEXURE A1 : TRUE COPY OF THE JUDGMENT DATED 25.11.2019 IN WP(C) No.29701 OF 2011 ON THE FILES OF THIS HONOURABLE COURT. ANNEXURE A2 : TRUE COPY OF THE HOSPITAL RECORDS OF PD HINDUJA NATIONAL HOSPITAL AND MEDICAL RESEARCH CENTRE, DATED 01.09.2010. ANNEXURE A3 : TRUE COPY OF THE TREATMENT RECORDS DATED 04.04.2013. ANNEXURE A4 : TRUE COPY OF THE DISCHARGE SUMMARY DATED 10.7.2015. ANNEXURE A5 : TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE HEALTH DEPARTMENT, CHANGANACHERRY MUNICIPALITY. ANNEXURE A6 : TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT HEREIN TO THE REVIEW PETITIONERS DATED 28.05.2020. ANNEXURE A7 : TRUE COPY OF THE SITE MAHAZAR DATED 06.11.2009. ANNEXURE A8 : TRUE COPY OF THE REPRESENTATION DATED 28.11.2009 ANNEXURE A9 : TRUE COPY OF THE REPRESENTATION DATED 15.01.2010 ANNEXURE A10 : TRUE COPY OF THE BILL DATED 14.01.2010 ISSUED BY THE RESPONDENT. ANNEXURE A11 : TRUE COPY OF THE ORDER IN O.P.No.497 OF 2009 ON THE FILES OF THE CONSUMER GRIEVANCE REDRESSAL FORUM, KOTTARAKKARA. ANNEXURE A12 : TRUE COPY OF THE BILL ALONG WITH A COVERING LETTER DATED 08.07.2010 ISSUED BY THE RESPONDENT TO THE LATE JOSEPH MATHEW. ANNEXURE A13 : TRUE COPY OF THE APPLICATION FILED BY LATE JOSEPH MATHEW BEFORE THE STATE ELECTRICITY OMBUDSMAN DATED 06.07.2010. ANNEXURE A14 : TRUE COPY OF THE ELECTRICITY CONSUMPTION DETAILS OF REENA RUBBER WORKS. ANNEXURE A15 : TRUE COPY OF THE ORDER IN REPRESENTATION No.P147/2020 DATED 12.10.2010.

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