C.Vijayakumar v. Kerala State Election Commission

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WA.No. 541 of 2011 ( ) IN WP(C).1009/2011 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 1009/2011 DATED 23-02-2011 ----------------- APPELLANT(S)/PETITIONER :- ----------------------------- C.VIJAYAKUMAR, COUNCILLOR, WARD No.26, (FORMERLY COUNCILLOR, WARD NO.30) NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA THIRUVANANTHAPURAM.

BY ADVS.SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN RESPONDENT(S)/RESPONDENTS :- ------------------------------

1. KERALA STATE ELECTION COMMISSION THIRUVANANTHAPURAM - 695 001.

2. NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121 REP. BY ITS SECRETARY

3. S.S.JAYAKUMAR, GEETHA NIVAS, ARALUMOODU P.O., ATHIYANNUR VILLAGE THIRUVANANTHAPURAM - 695 123 FORMER COUNCILLOR WARD NO.3 (PRESENT CHAIRMAN) NEYYATTINKARA MUNICIPALITY THIRUVANANTHAPURAM.

R3 BY ADV. SMT.P.V.SOBHANA R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMM R2 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25-092015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

------------------------------------ W.A. No.541 of 2011 ------------------------------------- Dated this the 25th day of September 2015

J U D G M E N T

Shaffique, J.

Learned counsel for the appellant submits that the appellant is no more and since the cause of action does not survive to the legal heirs, this writ appeal has become infructuous. Accordingly, this writ appeal is dismissed as infructuous.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/25.9.2015.