The Chairman , Cochin Port Trust vs Annakutty Joseph
2021 Latest Caselaw 14137 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                       &
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
           WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                               WA NO. 619 OF 2014
    AGAINST THE ORDER/JUDGMENT IN WPC 4579/2007 OF HIGH COURT OF KERALA,
                                  ERNAKULAM
APPELLANT/ 2nd RESPONDENT:

             THE CHAIRMAN , COCHIN PORT TRUST
             COCHIN PORT TRUST,WILLINGTON ISLAND, COCHIN-682 009.
             BY ADVS.
             SRI.V.ABRAHAM MARKOS
             SRI.ABRAHAM JOSEPH MARKOS
             SRI.BINU MATHEW
             SRI.ISAAC THOMAS
             SRI.TOM THOMAS KAKKUZHIYIL


RESPONDENTS/PETITIONER & 1ST RESPONDENT

     1       ANNAKUTTY JOSEPH
             218/12, ROBERT VILLA, 2ND FLOOR, SAMUEL STREET,,
             MUMBAI, NOW RESIDING AT THEKKEL HOUSE,, ARAKUZHA P.O.,
             MUVATTUPUZHA-686 672.
     2       THE COMMISSIOER OF CUSTOMS
             CUSTOMS HOUSE, WILLINGTON ISLAND,
             COCHIN-682 009.
      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.07.2021, ALONG WITH
WA.592/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A Nos. 619 of 2014 & 592 of 2014
                                            -2-



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                       THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                             &
                THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
            WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                                     WA NO. 592 OF 2014
    AGAINST THE ORDER/JUDGMENT IN WPC 4579/2007 OF HIGH COURT OF KERALA,
                                        ERNAKULAM
APPELLANT/1ST RESPONDENT:

              THE COMMISSIONER OF CUSTOMS
              CUSTOMS HOUSE,WILLINGTON ISLAND,COCHIN 09
              BY ADVS.
              SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS
              SRI.RAJESH B., SC, CENTRAL BOARD OF EXCISE AMP CUSTOMS


RESPONDENTS/PETITIONER & 2ND RESPONDENT

      1       ANNAKUTTY JOSEPH
              218/12,ROBERT VILLA,2ND FLOOR,SAMUEL STREET,
              MUMBAI,NOW RESIDING AT THEKKEL HOUSE,ARAKUZHA
              P.O,MUVATTUPUZHA 686 672
      2       THE CHAIRMAN
              COCHIN PORT TRUST,WILLINGTON ISLAND,COCHIN 682 009
       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.07.2021, ALONG WITH
WA.619/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A Nos. 619 of 2014 & 592 of 2014
                                         -3-




                                     JUDGMENT

[WA Nos.619/2014, 592/2014]

S.V.Bhatti,J.

After appreciating the relief granted in the writ petition and the

present challenge against the learned Single Judge's judgment, we are of

the view that the cause of action survives, the appellants have failed to

take steps inspite of having knowledge of the demise of the 1 st

respondent/writ petitioner.

2. The appellants have failed to take steps to bring on record legal

representatives of deceased sole respondent, firstly, within the time

stipulated by law and secondly, within the time granted by this Court

vide order dated 19.06.2020.

Hence, appeals stand dismissed as abated.

Sd/-

S.V.BHATTI

JUDGE

Sd/-

BECHU KURIAN THOMAS

JUDGE

JS