IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WA.No. 1509 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.15908/2006 Dated 24/03/2009 .................... APPELLANTS/PETITIONERS --------------------------------------- 1. M.MANI,S/O.MADHAVAN PILLAI,MEENA BHAVAN, KUNNUKUZHY,THIRUVANANTHAPURAM. 2. L.KRISHNAMMA,W/O.M.MANI,MEENA BHAVAN, KUNNUKUZHY,THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE ADV.SRI.S.SUJIN RESPONDENTS/RESPONDENTS -------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY,TRANSPORT DEPARTMENT,GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY COLLECTOR(LAND ACQUISITION), COLLECTORATE,THIRUVANANTHAPURAM. 4. THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM-23. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 BY STANDING COUNSEL SRI.V.V.NANDAGOPAL NAMBIAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.1509 of 2009 ------------------------------------------ Dated this the 29th day of September, 2009 JUDGMENT A.K.Basheer, J. When this writ appeal came up for consideration on July 29, 2009, this Court had directed respondents 3 and 4 to conduct an inspection of the property in question as directed by the learned Single Judge and submit a report to the second respondent who in turn was directed to take a decision in the matter with notice to the petitioners. 2. Today when the case is taken up for further consideration, it is brought to our notice that respondents 3 and 4 had in compliance with the direction issued by this Court, conducted an inspection and submitted its report to the Government. The Government in its turn has taken a decision by its order dated September 10, 2009 as could be seen from the proceedings issued by the Additional Chief Secretary in G.O.(Rt)319/09/Tran. 3. Learned senior counsel appearing for the appellants submits that in view of the above order passed by the competent W.A.No.1509 of 2009. - 2 - authority, the only option left to the appellants is to challenge the said order in accordance with law. He prays for permission to withdraw the writ appeal with liberty to pursue the matter further in the light of the intervening developments. Therefore, the writ appeal is dismissed as withdrawn with liberty to the appellants to challenge the above order passed by the Government in accordance with law. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns