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2025 Supreme(Online)(Ker) 39504
IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
EUGINE LUIZ – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 24446 OF 2022
Advocates:
For the Appellants/Petitioners: D.ANIL KUMAR
For the Respondents: E.G.GORDEN, ELVIN PETER P.J., K.R.GANESH, GOURI BALAGOPAL, SREELEKSHMI A.S., ANU JOSEPH, ABHIJITH.K.ANIRUDHAN
For the Appellants/Petitioners: D.ANIL KUMAR
For the Respondents: E.G.GORDEN, ELVIN PETER P.J., K.R.GANESH, GOURI BALAGOPAL, SREELEKSHMI A.S., ANU JOSEPH, ABHIJITH.K.ANIRUDHAN
A writ petition abates upon the death of the petitioner without appropriate substitution.
Headnote:In the present case referencing various statutes such as the Bye-law of the Central Board of Anglo Indian Education, it is determined that the petitioner, who has passed away, cannot continue the appeal. The Court finds that due to the absence of an impleading party, the case is rendered moot and consequently, dismissed as abated. The primary issue asserts that the death of the petitioner affects the maintainability of the writ petition. The Court deeply analyzes the legal sufficiency and issues arising from the continued prosecution of the writ in the absence of the petitioner. Ultimately, the ruling states that the writ petition will be dismissed due to the abatement caused by the petitioner's demise.
JUDGMENT
Sri.D.Anilkumar, the learned counsel for the petitioner points out that the petitioner is no more.
In the light of the afore, since no impleading has been carried out, this writ petition would stand dismissed as abated.
