IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WA.No. 1473 OF 2011 --------------------- AGAINST THE ORDER IN WPC.14621/2011 Dated 28/09/2011 APPELLANTS/PETITIONERS: 1. LIZT GEORGE, W/O. GEORGE, AGED 60 YEARS, KIZHAKKEKARA HOUSE, NALUNNAKKAL P.O., VAKATHANAM, KOTTAYAM DISTRICT. 2. KIZHAKKEKARA LAMPS AND LIGHTENING PVT. LTD., D.P. POOVATHURUTHU, KOTTAYAM – 686 012, REPRESENTED BY ITS MANAGING DIRECTOR & AUTHORIXED SIGNATORY MR. K.A. GEORGE, S/O. K.C. ABRAHAM, AGED 64 YEARS, KIZHAKKEKARA HOUSE, NALUNNAKKAL P.O., VAKATHANAM, KOTTAYAM DISTRICT- 686 538. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS/RESPONDENTS: 1. THE DISTRICT INDJUSTRIES CENTRE, KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER. 2. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM. 4. M/S. AJAY OXYGEN PVT. LTD., APT ID, ABAD MARINE PLAZA, MARINE DRIVE, KOCHI – 682 018., REPRESENTED BY ITS DIRECTOR. SR. GOVERNMENT PLEADER SMT. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR Ag. C.J.& P.S. GOPINATHAN, J. = = = = = = = = = = = = = = = = = = W.A. NO.1473 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF OCTOBER, 2011. J U D G M E N T C.N. Ramachandran Nair, Ag. C.J. Appeal is filed against the interim order declining to extend the stay granted. We have heard counsel appearing on both sides including the Government Pleader. What we notice is that the land resumed from the appellant is already re-allotted to the 4th respondent. So much so, the stay application itself has become infructuous and that is why the learned Single Judge did not extend the stay. Appellant has to file an amended writ petition challenging the resumption and re-allotment making additional respondent as a party, if he is not a party. In any case, there is no ground to interfere with the interim order granted by the learned Single Judge. However, having regard to the nature of the dispute, we feel the matter requires to be heard urgently. The appellant can move the learned Single Judge for early hearing of the matter. The writ appeal is closed. C.N. RAMACHANDRAN NAIR, (Ag. CHIEF JUSTICE) P.S. GOPINATHAN, (JUDGE) KNC/-