Dr.Abeed Basheer vs State Of Kerala
2024 Latest Caselaw 9734 Ker

Kerala High Court

Dr.Abeed Basheer vs State Of Kerala on 4 April, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WP(C) NO. 28751 OF 2016
PETITIONER:

             DR.ABEED BASHEER
             AGED 42 YEARS,S/O.ABDUL BASHEER, NO.26, GAANAM,
             MOSQUE LANE, KUMARAPURAM, THIRUVANANTHAPURAM-11
             BY ADVS.
             SMT.S.SINDHU
             SRI.S.SHARAN


RESPONDENTS:

       1     STATE OF KERALA
             REPRESENTED BY CHIEF SECRETARY,
             SECRETARIAT,THIRUVANANTHAPURAM-695001.
       2     DISTRICT COLLECTOR
             CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-
             695043.
       3     REVENUE DIVISION OFFICER
             CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-
             695043.
       4     ABDUL BASHEER
             CHARUVILAPUTHEN VEEDU, MAMPALLIKUNNAM, OPP N H S S,
             CHATHANNOOR, KOLLAM DISTRICT, PIN-691572.
       5     SHINE ABDUL HAQ
             HAQ MAHAL, MAMAPALLIKUNNAM , OPP. N H S S
             CHATHANNOOR, KOLLAM DISTRICT, PIN-691572.
             BY ADV SMT.REKHA VASUDEVAN
             SMT. K.B . SONY -GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    04.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.28751 OF 2016

                                 2


                         JUDGMENT

This Writ Petition is filed challenging Exts.P9 and P10

orders of the Maintenance Tribunal, which was passed in

favour of the respondent No.4.

2. The learned counsel for the respondent No.5 has

filed an affidavit dated 03.04.2024 stating that during the

pendency of the Writ Petition, the respondent No.5 died on

02.04.2018. On account of the death of the respondent no.4,

the impugned orders have become unenforceable. So no

order is required to be passed in this Writ Petition.

Accordingly, this Writ Petition is dismissed .

Sd/-M.A.ABDUL HAKHIM JUDGE lsn WP(C) NO.28751 OF 2016

APPENDIX OF WP(C) 28751/2016

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE INTERIM ORDER DTD 29/1/2014 IN HRMP NO 5913/2013 OF THE HUMAN RIGHT COMMISSION, THIRUVANANTHAPURAM.

EXHIBIT P2 A TRUE COPY OF THE FINAL ORDER DTD 31/3/2014 IN HRMP NO 5913/2013 OF THE HUMAN RIGHT COMMISSION, THIRUVANANTHAPURAM.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 4TH RESPONDENT TO THE HUMAN RIGHTS COMMISSION EXHIBIT P4 A TRUE COPY OF THE NOTICE DTD 28/9/2014 SENT BY THE HUMAN RIGHTS COMMISION TO THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. EXHIBIT P5 A TRUE COPY OF THE NOTICE DTD 26/11/2014 (WHICH WAS SENT IN A WRONG VILLAGE OFFICE AND IN A WRONG ADDRESS BUT WAS OBATAINED BY THE PETITIONER UNDER THE RTI ACT) EXHIBIT P6 A TRUE COPY OF THE NOTICE DTD 9/1/2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT P7 A TRUE COPY OF THE NOTICE DTD 27/2/2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P8 A TRUE COPY OF THE POSTAL ENVELOP SHOWING THAT THE LETTER WAS POSTED AT NEMAM IN ORDER TO DELAY THE RECEIPT OF THE NOTICE.

EXHIBIT P9 A TRUE COPY OF THE ORDER DTD 24/4/2015 ISSUED BY THE SUB COLLECTOR, THIRUVANANTHAPURAM.

EXHIBIT P10 A TRUE COPY OF THE ORDER DTD 6/8/2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P11 A TRUE COPY OF THE ORDER DTD 10/2/2016 IN COMPLAINT NO 1230/2015 OF THE KERALA LOK AYUKTA WP(C) NO.28751 OF 2016

EXHIBIT P12 A TRUE COPY OF THE OBJECTION P NO J 20175/2014 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE SENIOR CITIZENS TRIBUNAL.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN