Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 PETITIONER/S: C.A.CHACKO, AGED 87 YEARS, S/O C.C. ABRAHAM, CHATHENKERIL HOUSE, ROASE MOUNT, STADIUM ROAD, THIRUVALLA, MANAGER, ST. THOMAS HIGH SCHOOL (KADAPRA), NIRANAM WEST, KIZHAKKUMBHAGOM P.O, THIRUVALLA. SRI.P.HARIDAS SRI.P.C.SHIJIN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN-695001. 2 NIRANAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, NIRANAM, THIRUVALLA- 3 ABDUL SATHAR PANACHAMOODU, NIRANAM NORTH P.O, PROPRIETOR, MEAT STALL, NEAR ST. THOMAS HIGH SCHOOL & POST OFFICE, KIZHAKKUMBHAGAM P.O, THEVERY, NIRANAM THIRUVALLA. R1 BY SRI. DHEERAJ, GOVERNMENT PLEADER R2 BY SRI.T.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
JUDGMENT
On 14.07.2021, learned Counsel for the petitioner submitted that petitioner is no more and he intends to implead the present Manager of the School, wherein, the petitioner in the writ petition was the Manager.
2. On 10.09.2021, learned Counsel for the petitioner again sought time
for impleading the appropriate parties, on which date, learned Government Pleader was directed to produce the order passed by the Survey authorities under the provisions of the Kerala Surveys and Boundaries Act, 1961, in the resurvey proceedings, and also to furnish the details with respect to Ext.P5 appeal pending before the Tahsildar concerned, and the case was posted to 17.09.2021.
3. On 17.09.2021, there was no sitting and accordingly, the case was posted to 24.09.2021. On 24.09.2021 also, there was no representation for the petitioner nor any application was filed for impleadment.
4. Even going by the submission made by the learned Counsel for the
petitioner on 14.07.2021, petitioner is no more and now the writ proceedings -3- has abated, consequent to non impleadment of any parties in the writ petition. Accordingly, the writ petition is dismissed as abated. Sd/- SHAJI P.CHALY JUDGE uu 04.10.2021 -4- APPENDIX OF WP(C) 29738/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORIGINAL SURVEY PLAN. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED PATHANAMTHITTA. EXHIBIT P3 TRUE COPY OF THE RESOLUTION DATED 24/11/2017 BY THE PANCHAYAT EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN RP NO. 370/2011 DATED 13/8/2015 EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED ADALATH.