Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 PETITIONER: SINAJ MICHAEL AGED 45 YEARS SON OF M.K.MICHAEL, MALIAKAL HOUSE, NEENDOOR P.O, ONAMTHURUTHU VILLAGE, KOTTAYAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.K.MICHAEL, AGED 69 YEARS, SON OF KORATH KURUVILLA, MALIAKAL HOUSE, ONAMTHURUTHU VILLAGE NEENDOOR P.O, KOTTAYAM DISTRICT, PIN - 686601 P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS:
1 THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM DISTRICT, PIN-686612, PIN - 686612 2 THE DIRECTOR OF MINING AND GEOLOGY OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695001, PIN - 695001 3 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - 695001 4 C.K. SASI ( SOUGHT TO BE IMPLEADED ) S/O KUTTAPPAN,'PUTHIYAPARAMBIL THIRUAMBADI PO, PAZHOOTHURUTH, KOTTAYAM DISTRICT ( SOUGHT TO BE IMPLEADED ) Jose Joseph (Mannar) A.KRISHNAN G.P., SRI. RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 4099 of 2022 2
VIJU ABRAHAM , J.
=========================== ============================ Dated this the 28th day of February, 2023
JUDGMENT
When the matter was taken up for consideration, the learned counsel for the petitioner submitted that the writ petition has become infructuous. Recording the said submission, the writ petition is dismissed as infructuous. Sd/- VIJU ABRAHAM JUDGE sbk/- WP(C) No. 4099 of 2022 3 APPENDIX OF WP(C) 4099/2022 PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE BUILDING PERMIT DATED 24.1.2014 ISSUED BY THE SECRETARY, NJEEZHOOR GRAMA PANCHAYATH TO MR.JAMES KUNNASSERY Exhibit- P2 TRUE COPY OF THE RENEWED BUILDING PERMIT DATED 22.06.2020 ISSUED BY THE SECRETARY, NJEEZHOOR GRAMA PANCHAYATH Exhibit- P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 26.5.2015 IN WPC NO.15461/2015 Exhibit- P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 11.4.2017 IN WPC NO.13288/2017 Exhibit- P5 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE SECRETARY, NJEEZHOOR GRAMA PANCHAYATH DATED 5.11.2020 ALONG WITH COPY OF DECISION NO.14/1 IN THE PANCHAYATH COMMITTEE MEETING HELD ON 27.10.2020
Exhibit- P6 TRUE COPY OF THE COMMUNICATION DATED 25.11.2020 ISSUED BY THE DISTRICT TOWN PLANNER TO THE SECRETARY, NJEEZHOOR GRAMA PANCHAYATH Exhibit- P7 TRUE COPY OF THE COMMUNICATION DATED 5.1.2021 ISSUED BY THE SECRETARY, NJEEZHOOR GRAMA PANCHAYATH TO CHIEF TOWN Exhibit- P8 TRUE COPY OF THE PROCEEDINGS DATED 20.1.2021 ISSUED BY THE DISTRICT TOWN Exhibit- P9 TRUE COPY OF ORDER DATED 19.2.2021 ISSUED BY THE SECRETARY, NJEEZHOOR GRAMA PANCHAYATH Exhibit- P10 TRUE COPY OF THE APPROVED PLAN WITH ENDORSEMENT OF THE ENGINEER OF LOCAL SELF GOVERNMENT DEPARTMENT Exhibit- P11 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 24.8.2021 IN WPC NO.8451/2021 Exhibit- P12 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 05.10.2021 ISSUED BY SECRETARY, NJEEZHOOR GRAMA PANCHAYATH Exhibit- P13 TRUE COPY OF THE ORDER DATED 12.11.2021 ISSUED BY THE FIRST RESPONDENT WP(C) No. 4099 of 2022 4 Exhibit- P14 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 17.11.2021 IN WPC NO.24692/2021 Exhibit- P15 TRUE COPY OF THE JUDGMENT DATED 15.12.2021 IN W.P C. NO. 21007 OF 2021 RESPONDENT ANNEXURES Annexure REPLY TO THE DEFECT NOTED BY REGISTRY.