Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 29785 OF 2014 PETITIONER: JOHNSON THOMAS GOPURATHINAKAL HOUSE, ERUMATHALA P.O., KEEZHMADU, ALUVA - 683 112, ERNAKULAM DISTRICT. BY ADVS. SRI.JAISON JOSEPH SRI.P.S.APPU RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVT. OF KERALA, SECRETARIAT BUILDING, THIRUVANANTHAPURAM. 2 THE DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KAKKANAD682 021 3 THE EXECUTIVE ENGINEER ROADS PWD ROADS DIVISION, ERNAKULAM, THRIKKAKARA P.O., PIN - 682 021. 4 ASSISTANT EXECUTIVE ENGINEER PWD ROADS SUB DIVISION, ALUVA - 683 101. 5 SECRETARY KEEZHMAD GRAMAPANCHAYATH, ERUMATHALA P.O., ALUVA - 683 112. 6 K.O.TOMY S/O.KOONACHAMPARAMBIL HOUSE, KEEZHMADU KARA, ALUVA EAST VILLAGE. BY ADVS.SRI.RIYAL DEVASSY, GP K.S.ARUN KUMAR SRI.S.SHANAVAS KHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).No.29785 of 2014 ---------------------------------------------- Dated this the 01st day of February, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or in the nature of to remove or demolish the unauthorized illegal erection of the shop and shed on the western side of the PWD road at the earliest. ii. Issue a writ of mandamus or in the nature of to remove or demolish the unauthorized illegal temporary seat arrangement using timber of coconut tree put up on the eastern side of the PWD Road at the earliest. iii. Issue a writ of mandamus or in the nature of to consider Exhibit P2 to P14 and pass orders on the same at the earliest. iv. Grant such other reliefs or orders as this Hon'ble Court may deem fit to pass in the nature and circumstances of the case.
v. Award the costs of the proceedings to the petitioner. (SIC)
2. When this writ petition came up for consideration,
the counsel for the Panchayat submitted that the prayers in the writ petition are infructuous and the shop is not functioning now. In the light of the same, nothing survives in this case. This writ petition is closed. sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF WP(C) 29785/2014 PETITIONER EXHIBITS
EXHIBIT P1 SERIES:- TRUE PHOTOCOPY OF THE PHOTOGRAPHS OF TEMPORARY SHOP, SHED AND SEAT ARRANGEMENT ERECTED ON BOTH SIDES OF PWD ROAD. EXHIBIT P2. TRUE PHOTOCOPY OF THE COMPLAINT DATED 30.10.2013 GIVEN TO EXHIBIT P3. TRUE PHOTOCOPY OF THE COMPLAINT DATED 31.10.2013 GIVEN TO ASST. ENGINEER, PWD. EXHIBIT P4. TRUE PHOTOCOPY OF THE NOTICE DATED 10.11.2013 ISSUED TO THE PETITIONER BY RESPONDENT NO.5. EXHIBIT P5. TRUE PHOTOCOPY OF THE LETTER DATED 09.12.2013 ISSUED BY EXHIBIT P6. TRUE PHOTOCOPY OF THE LETTER DATED 10.12.2013 ISSUED BY EXHIBIT P7. TRUE PHOTOCOPY OF THE COMPLAINT DATED 28.03.2014 GIVEN TO RESPONDENT NO.4. EXHIBIT P8. TRUE PHOTOCOPY OF THE COMPLAINT DATED 31.03.2014 GIVEN TO RESPONDENT NO.2. EXHIBIT P9. TRUE PHOTOCOPY OF THE APPLICATION DATED 03.04.2014 ISSUED TO ASST. ENGINEER PWD. EXHIBIT P10. TRUE PHOTOCOPY OF THE REPLYD ATED 30.04.2014 GIVEN BY ASST. ENGINEER, PWD. EXHIBIT P11. TRUE PHOTOCOPY OF THE REPLY DATED 02.05.2014 ISSUED BY EXHIBIT P12. TRUE PHOTOCOPY OF THE REPORT DATED 05.06.2014 FILED BY
RESPONDENT NO.3. EXHIBIT P13. TRUE PHOTOCOPY OF THE NOTICE DATED 20.05.2014 ISSUED TO RESPONDENT NO.6 BY RESPONDENT NO.4. EXHIBIT P14. TRUE PHOTOCOPY OF THE REPLY DATED 10.09.2014 ISSUED BY RESPONDENT NO.4.