Kumaran vs The District Collector
2021 Latest Caselaw 3732 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      WP(C).No.27312 OF 2014(L)


PETITIONER:

               KUMARAN
               AGED 71 YEARS
               S/O NEELAKANDAN EZHUTHACHAN, HOUSE NO.366,
               VELUR VEETTIL, CHENNAMKKAD, KOTTAYI, ALATHUR,
               PALAKKAD.

               BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               CIVIL STATION, PALAKKAD-678001.

      2        REVENUE DIVISIONAL OFFICER
               CIVIL STATION, PALAKKAD-678001.

      3        GEETHA
               AGED 36 YEARS
               D/O KUMARAN, W/O RADHAKRISHNAN, HOUSE NO.XIII/364,
               VELUR VEEDU, CHENNAMKKAD, KOTTAYI,
               ALATHUR, PALAKKAD-678541.

               R3 BY ADV. SRI.JACOB SEBASTIAN

               SMT MABLE C KURIAN, GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27312 OF 2014                  2




                                   JUDGMENT

Instant writ petition is filed by the petitioner challenging Ext.P3

order passed by the Appellate Tribunal constituted under the Maintenance

and Welfare of Parents and Senior Citizens Act, 2007.

2. When the matter was taken up, the counsel appearing for

the 1st respondent submitted that the petitioner herein has passed away

on 30.11.2020. Copy of Death Certificate issued by the Registrar of

Births and Deaths, Melarcode Grama Panchayat, has also been produced.

This Court in Antony Scaria and others v. District Collector,

Kottayam1 has held that the right accrued to the petitioner under Act

of 2007 is in his personal capacity as a parent and/or senior citizen and is

not heritable. In view of the subsequent turn of events, this writ petition

will stand closed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DSV

1 [2020 (3) KLT 436]

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION DATED 6.7.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.MT-15/2010 DATED 12.8.2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.J4-2013/69901/9 DATED 1.9.2014 ISSUED BY THE IST RESPONDENT.

RESPONDENTS EXHIBITS:

EXHIBIT R3(a) A TRUE COPY OF THE DEATH CERTIFICATE OF THE 1ST RESPONDENT/PETITIONER DATED 30 NOVEMBER 2020 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, MELARCODE PANCHAYAT.