N.Sundareswaran vs The District Collector on 29 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11631 of 2006(I)


1. N.SUNDARESWARAN, AGED 88 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE TAHSILDAR (RR), KOLLAM.

3. THE INDIAN BANK, KOLLAM BRANCH,

4. E.SALIM, FIROZ MANZIL,

                For Petitioner  :SRI.M.K.DAMODARAN (SR.)

                For Respondent  :SRI.S.EASWARAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :29/08/2008

 O R D E R
                  C.N.RAMACHANDRAN NAIR, J.
                        -------------------------
                    W.P.(C) No. 11631 of 2006
                    ---------------------------------
             Dated, this the 29th day of August, 2008

                           J U D G M E N T

The person, who filed the writ petition is no more. Even

though learned counsel for the petitioner, who appeared for the

deceased, requested time to implead the legal heirs, I do not think

legal heirs should be permitted to implead in this matter because

this Court on 18/08/2006 ordered that petitioner can avail alternate

remedy under Section 83(1) of the RR Act. Stay granted by this

Court also expired on 24/08/2006. In the circumstances, the writ

petition is closed leaving freedom to the legal heirs to challenge the

impugned proceedings, if there is grievance either before the

statutory authority or before this Court.

Certified copy of this judgment should be issued to any legal

heir, who applies for it.

(C.N.RAMACHANDRAN NAIR, JUDGE)

jg