IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 11631 of 2006(I) -------------------------- PETITIONER(S): --------------- N.SUNDARESWARAN, AGED 88 YEARS, S/O.NARAYANAN, SUNDARA BHAVAN, RESIDENCY NAGAR, ASRAMAM, KOLLAM. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.A.PARVATHI MENON SRI.P.SANJAY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE TAHSILDAR (RR), KOLLAM. 3. THE INDIAN BANK, KOLLAM BRANCH, REPRESENTED BY ITS MANAGER. 4. E.SALIM, FIROZ MANZIL, KAWDIYAR, THIRUVANANTHAPURAM. ADV. SRI.S.EASWARAN FOR R3 SRI.V.G.ARUN FOR R4 SHRI.TEKCHAND, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11631/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE SALE DEED OF PROPERTY DATED 29/03/2005. P2 : COPY OF THE REPRESENTATION DATED 04/10/2005. P3 : COPY OF THE REPRESENTATION DATED 25/01/2006. P4 : COPY OF THE JUDGMENT DATED 14/02/2006 IN WPC NO.4255/06. P5 : COPY OF THE COVERING LETTER TOGETHER WITH JUDGMENT. P6 : COPY OF THE ORDER DATED 24/03/2006. //TRUE COPY// PA TO JUDGE. jg 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