Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 PETITIONER: A.V.GEORGE AGED 55 YEARS, S/O LATE VAKKEN, ANCHIL HOUSE, SOUTH PIPELINE ROAD, HMT COLONY P.O, KALAMASSERY, KOCHI - 683503 BY ADV SRI.JOSY ANTONY RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030 3 KALAMASSERY MUNICIPALITY CHANGAMPUZHA NAGAR, P.O, ERNAKULAM DISTRICT - 682033 REPRESENTED BY ITS SECRETARY 4 THE SECRETARY KALAMASSERY MUNICIPALITY, CHANGAMPUZHA NAGAR P.O, ERNAKULAM DISTRICT - 682033 5 METHIAN HAJI SAINUDEEN MANAKKAD, H.M.T P.O, ERNAKULAM DISTIRCT - 683503 6 M/S ABAD BUILDERS 8TH FLOOR, NUCLEUS MALL, MARADU, P.O, COCHIN - 685004, REPRESNETED BY ITS MANAGING DIRECTOR BY ADVS. SRI. RIYAL DEVASSY, GP SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------------------- W.P.(C) No.13929 of 2013 ---------------------------------------------- Dated this the 05th day of April, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
“i) To issue a writ of mandamus or other appropriate writ or order directing respondent Nos. 3 and 4 not to renew Ext. P1 building permit issued to the 5th respondent and to stop the construction of multi-storied building as per Ext. P1 permit for want of road access as per the Kerala Municipality Building Rules, 1999 and the subsequent amendments;
ii) To issue a writ of mandamus or other appropriate writ or order, directing respondent Nos. 3 and 4 to direct respondent Nos. 5 and 6 to provide separate independent access to the Abad Silver Dew Apartments being constructed in Resurvey No. North Village from the Pipeline Road other than the Hidayat Nagar Road; iii) To issue a writ of mandamus or other appropriate writ or order, directing respondent Nos. 3 and 4 not to permit respondent No. 5 to use the road namely 'Hidayat Nagar Road' as access to the flat complex being constructed as per Ext. P1 permit. iv) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs.” SIC
2. This writ petition is filed by the petitioner stating that the construction of the flat is being carried out in violation of the Kerala Municipal Building Rules.
3. The learned counsel appearing for
respondent Nos. 3 and 4 submitted that, the construction of the flat is already over and the construction is in accordance with the rules. The respondent Municipality also filed a statement before this Court.
4. In the light of the same, I think, no further
order need to be issued in this case. Moreover, no
interim order was passed in this case earlier. This writ petition is pending before this Court for the last 11 years. There is no representation also for the petitioner. Hence, this writ petition can be closed. Therefore, this writ petition is closed. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(C) 13929/2013 PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 25-08-2009 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPOONDENT `EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 14- 01-2011 SUBMITTED BEFORE THE 4TH RESPONDENT EXHIBIT P2(A) TRUE COPY OF THE REPRESENTATION DATED 04-05-2011 SUBMITTED BEFORE THE THE 4TH REPSONDENT EXHIBIT P3 TRUE OCPY OF THE REPLY DATED 31- 05-2011 ISSUED BY THE 4TH REPONDENT EXHIBIT P3(A) TRUE COPY OF THE REPLY DATED 31- 05-2011 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3(B) TRUE COPY OF THE COMPLAINT DATED 28- 06-2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 10- 08-2011 SUBMITTED BEFORE THE IST RESPONDENT EXHIBIT P4(A) TRUE COPY OF THE MASS PETITION DATED 01-08-2012 SUBMUITTED BEFORE THE 2ND RESPONDENT BY THE RESIDENTS OF THE AREA
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 03- 04-2013 PASSED BY THIS HON'BLE COURT IN WPC NO RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE