STATE OF KERALA Vs. A.P.KRISHNAN

JUDGEMENT

(1.) An application has been filed seeking to implead the legal heirs of the deceased 1st respondent herein/1st applicant. The 1st respondent died as early as on 2.11.2009. Admittedly, at the relevant time, the matter was pending before this Court as W.P.(C).No.6700/2007. Later, when the Kerala Administrative Tribunal was constituted, the case was transferred to the Tribunal and the Tribunal has decided the case as T.A.No.6699/12. The fact that the 1 st respondent died during the pendency of the proceedings before this Court was not brought to the notice of the Tribunal and no attempt has been made to implead the legal heirs. Insofar as the 1st respondent died while the matter was pending before this Court and later the said factum of death was not brought to the notice of the Tribunal, necessarily, when an order is passed by the Tribunal, the same cannot be relied upon.

(2.) The original petition has been filed by the State challenging the order passed by the Tribunal. Apparently, the 1 st applicant in the original application was a dead person and therefore to that extent the order passed by the Tribunal becomes nullity. Rule 22 of the Kerala Administrative Tribunal (Procedure) Rules, 2010 provides for substitution of legal representatives which reads as under:

(3.) Apparently, this is a case in which at the time when order was passed by the Tribunal, the original application as against the 1 st respondent/1st applicant has already abated going by Rule 22. Learned counsel Sri. Kaleeswaram Raj would submit that Rule 22 may not apply insofar as the matter was pending before this Court as W.P. (C).No.6700/2007 and the 1st respondent died during the pendency of the case. It is pointed out that in a writ petition there is no abatement. Even if there is no abatement in the writ petition, no order could have been passed by this Court in favour of a dead person. Therefore such a contention cannot be sustained. If an order is passed in favour of a dead person, the order becomes a nullity. Same situation has arisen in the present case.