IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 CRP.No. 335 of 2008() -------------------------------- (AGAINST THE ORDER DATED 28/01/2008 OF THE TALUK LAND BOARD, MANANTHAVADY AND DEPUTY COLLECTOR (LR) WAYANADU) REVISION PETITIONER/S/O.THE DECEASED DECLARANT: ------------------------------------------------------------------------------------ RADHAKRISHNAN.E., S/O. LATE MRS.NANJI AVVA, EDACHERY HOUSE, THOLPETTI P.O. WAYANAD DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, WAYANADU. 2. TALUK LAND BOARD, MANANTHAVADY, WAYANADU DISTRICT. BY GOVERNMENT PLEADER SMT. R. BINDU THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.931/2008 IN C.R.P.NO.335/2008 DISMISSED 08/04/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 335 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008. O R D E R This revision petition is preferred against the order of the Taluk Land Board dated 28.1.08. The Taluk Land Board, Wayanad by its order directed Smt. Nanji Avva to surrender 4.41½ acres of land. The learned counsel for the revision petitioner has produced before me the death certificate of Nanji Avva which would show that she died on 4.6.07 that is almost seven months prior to the passing of the order. So it is clear that the order is passed against a dead person and the legal representatives have not been impleaded. Now, a legal representative has come up in revision. When an order is passed against a dead person it will not have legal force and therefore I set aside the order and direct the Taluk Land Board to reconsider the entire matter after impleading the legal representatives of deceased K.T. Nanji Avva. I direct the revision petitioner to move an application for impleadment and raise the contentions which he is entitled to do in law and the Taluk Land Board is directed to pass fresh CRP NO. 335 of 2008 -:2:- orders after hearing all concerned. The Taluk Land Board shall give a notice to the present revision petitioner namely Radhakrishnan, Son of late Mrs. Nanji Avva, Edachery House, Tholpetti P.O., Wayanad District and then proceed with the matter. The C.R.P. is disposed of accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy] P.A. to Judge.