IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 CRP.No. 435 of 2004() --------------------- SMC.6/1985 of TALUK LAND BOARD.,MANANTHODY .................... REVN. PETITIONERS/PETITIONER: --------------------- 1. THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE TAHSILDAR, MANANTHAVADY. BY GOVERNMENT PLEADER: SRI P R JAYAKRISHNAN RESPONDENT/RESPONDENT: --------------- *1. A.O. PAPPU (Died) PULLINHAL ESTATE, VELLAMUNDA. ADDL R2. JOSE ALUKKAL, KANHUR P O, KALADY, ALUVA TALUK, NOW WORKING AT PERFECT MEDICAL CENTRE SHARJAH P B No.205595 ADDL R3. SOOSA, PAYYAPPALLY THOTTAKKATTUKARA P O ALUVA (*1st RESPONDENT PASSED AWAY. ADDL. RESPONDENT Nos.2 AND 3 IMPLEADED AS Lrs. OF DECEASED R1 AS PER ORDER DTD.07-06-2010 IN I.A.1120 and 1121 OF 2008) ADV. SRI.RAJAN JOSEPH FOR ADDL.R2 SRI.P.I.DAVIS FOR ADDL.R2 SRI.RAJAN JOSEPH FOR ADDL.R3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- C.R.P.No.435 of 2004 --------------------------------------- Dated this 07th day of June, 2010 ORDER The State has come up in revision challenging the order of the Taluk Land Board, Mananthavady dated 30-03-2000 in S.M.C.No.6 of 1985/Mntdy that the land involved in the proceeding is to be exempted and dropping the proceedings. In this revision petition State has filed applications to implead legal representatives of deceased respondent/declarant. 2. It is not disputed that the sole respondent/declarant died on 18-07-2002 and order impugned in this revision was passed on 30- 03-2003 without the legal representatives of deceased respondent on record. It follows that the impugned order is a nullity having been passed against the sole respondent who was dead on the date of order. As such, revision petition itself is not maintainable. The proper course open to the State is to request the Taluk Land Board to reopen the case, implead legal representatives of deceased respondent and seek disposal of the proceeding after giving notice to them as well. With the above direction the revision petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-