IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 31343 of 2008(F) ----------------------------------- PETITIONER : ---------------- C.SAIDALAVI, S/O.LATE CHERMALA ABU, ALANKAR STORES, PERINTHALMANNA, P.O.PERINTHALMANNA MALAPPURAM DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS : ------------------- 1. THE LAND REVENUE COMMISSIONER, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, PERINTHALMANNA, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.31343 of 2008 -------------------------- Dated this the 24th October, 2008 J U D G M E N T According to the petitioner, an extent of 5 cents of land was leased in favour of his predecessor in interest one Abu. The lease was being renewed from time to time. It is situated on the side of State Highway Perumpilavu Road. While so, Exhibit P3 notice was issued by the Public Works Department indicating that an order was passed by the 2nd respondent on 25.4.2008 declining renewal of lease, as per Exhibit-P4. Apparently, by the time, Exhibit P4 was passed, the original lessee had passed away. Therefore, the order was passed with a dead person on the party array. Thereafter, the successors in interest have filed Exhibit P5, P7and P8 applications by way of appeal, for condonation of delay and for stay of further proceedings in the appeal. Having heard the learned Government Pleader also, taking note of the circumstances pleaded by the petitioner W.P ( C) No.31343 of 2008 2 that Exhibit P4 was passed with a dead person on the party array, it is appropriate that the appellate authority considers the appeal. In the result, the writ petition is disposed of directing the 1st respondent to pass orders on Exhibit P5 after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. Eviction pursuant to Exhibit P3 shall stand stayed till orders are passed on Exhibit P5. (V.GIRI,JUDGE) ma W.P ( C) No.31343 of 2008 3 W.P ( C) No.31343 of 2008 4