IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 19TH JULY 2007 / 28TH ASHADHA 1929 WP(C).No. 36106 of 2004(W) -------------------------- PETITIONER: ------------- MICHAEL JOSEPH, AGED 68, S/O. JOSEPH, 257, GIRINAGAR, KOCHI-20. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: ----------------- 1. CIRCLE INSPECTOR OF POLICE, THEVARA POLICE STATION, THEVARA, ERNAKULAM. 2. STATION HOUSE OFFICER, ERNAKULAM TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM. 3. MR.VIDYADHARA PANICKER, NEDUMTHALATH HOUSE, KUNDANNOOR, MARADU P.O., ERNAKULAM. 4. REMESH, ASST.STORE KEEPER, NAVAL BASE, KOCHI, NAVALSHIP REPAIR YARD. 5. P.R.JAYARAJAN, ASST.STORE KEEPER, NAVALSHIP REPAIR YARD, NAVAL BASE, KOCHI. R1 & R2 BY ADV. SRI.SHYSON P. MANGUZHA, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 36106 OF 2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE NOTICE DT.21.6.02. EXT.P2 : TRUE COPY OF THE WARRANT DT.21.6.02 ISSUED IN CP NO.16 OF 2002. EXT.P3 : TRUE COPY OF THE LETTER DT.16.07.04. PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 36106 OF 2004 ----------------------------------- Dated this the 19th day of July, 2007 JUDGMENT Sri.Binu Raj R who is representing Sri.P.B. Asokan has placed before me death certificate pertaining to one Sri.Vidhyadharan. It is submitted that the said death certificate pertains to the 3rd respondent Vidhyadhara Panicker. I accept the above submission and close the Writ Petition on the basis that the subject matter of the Writ Petition has become infructuous, since there is no question of executing warrant against a dead person. Even otherwise I notice that the Circle Inspector of Police, 1st respondent, has filed a statement in which he has given a fairly convincing explanation as to why the warrant could not be executed then far. PIUS C. KURIAKOSE, JUDGE btt WPC 2