The Union Of India v. Pulukkool Krishnan Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 WA.No. 1352 of 2014 () IN WP(C).24789/2011 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 24789/2011 of HIGH COURT OF KERALA DATED 10-06-2014 APPELLANT(S)/RESPONDENT:
------------------------ THE UNION OF INDIA REP. BY THE SECRETARY TO GOVERNMENT MINISTRY OF HOME AFFAIRS (FREEDOM FIGHTER'S DIVISION), LOK NAYAK BHAWAN KHAN MARKET, NEW DELHI -110 001.
BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENT(S)/PETITIONER:
------------------------- PULUKKOOL KRISHNAN NAIR S/O.KRISHNAN NAIR, THALIYIL HOUSE PAYYAVOOR P.OKANNUR - 679 633.
R1 BY ADV. SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) R1 BY ADV. SRI.GRASHIOUS KURIAKOSE (SR.) BY SRI.V.C.JAMES THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.A.No. 1352 of 2014 ---------------------------------------------- Dated this the 10th September, 2015
JUDGMENT
Ashok Bhushan, CJ.
This Writ Appeal has been filed against the judgment dated 10.6.2014 by which judgment the learned Single Judge has directed the respondent/appellant to recompute the benefits and disburse the due amount to the petitioner.
2. It has been submitted before us that the petitioner has died on 3.3.2012, i.e., during the pendency of the Writ Petition, but steps were not taken to bring the legal heirs on record. It is submitted by the learned counsel, who was appearing for the writ petitioner that the petitioner did not leave behind him any legal heirs.
3. The petitioner being dead and the Writ Petition itself had abated, we are of the view that the judgment of
W.A.1352/14 the learned Single Judge dated 10.6.2014 deserves to be set aside on this ground alone. Consequently, the Writ Appeal is allowed and the judgment of the learned Single Judge dated 10.6.2014 is set aside.
ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs10/9/15