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2026 Supreme(Online)(Ker) 14324

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
S.S.PRASAD – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 7827 OF 2014



Advocates:
For the Appellants/Petitioners: SHRI.S.SUDHEESHKAR, SRI.NIDHI BALACHANDRAN, SMT.ATHIRA A.MENON, SHRI.GAUTHAM HRITHEEKAAR S.
For the Respondents: SHRI.K.DENNY DEVASSY, SC, K.S.H.B., SRI.GEORGE BOBAN, SC, K.S.H.B., SMT. G SHEEBA, GP

Court permits withdraw of petition ensuring heirs' rights protected under existing law.

Headnote:The court examined the withdrawal of a writ petition post the death of the original petitioner, allowing the heirs to withdraw the petition compliant with prior terms and preserving future rights to approach the court. The legal principle involves procedural fairness in accordance with extant law protecting the rights of heirs in civil litigation. The outcome permits withdrawal subject to conditions, promoting lawful process in housing matters.

Table of Content
1. withdrawal of writ petition post-death of petitioner. (Para 1)
2. allowing withdrawal ensures adherence to legal procedures. (Para 2)

JUDGMENT

1. The original writ petitioner in this writ petition died, and thereafter, the children of the original petitioner were impleaded as per order in IA No. 01 of 2025. The petitioners have filed IA No. 02 of 2026 to permit the petitioners to withdraw this writ petition to comply with the terms in Ext.P17, with liberty to approach this Court again, if adverse action contrary to Ext.P17 is taken by the 2nd respondent.

2. Giving such liberty, the writ petition is permitted to be withdrawn.

Sd/-

M.A.ABDUL HAKHIM JUDGE Snk APPENDIX OF WP(C) NO. 7827 OF 2014 RESPONDENT ANNEXURES Annexure A1 THE TRUE COPY OF THE DEATH CERTIFICATE Annexure A2 THE TRUE COPY OF THE DEATH CERTIFICATE Annexure A3 THE TRUE COPY OF THE LEGAL HEIR CERTIFICATE ISSUED FROM THE TALUK OFFICE KOLLAM DATED 12.07.2022, Annexure A4 THE TRUE COPY OF THE LETTER NO. HSG-

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