Devadas vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 01, 2022

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Citation: sooperkanoon.com/1583655
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Jul 01, 2022
Case Number: WP(C)/39786/2015

Parties & Advocates

Appellant / Petitioner

Devadas

Respondent

State of Kerala

Excerpt

.....the records leading to ext. p5 and may be pleased to quash the same.2. issue a writ of mandamus or any other appropriate writ, orderor direction commanding the 2nd respondent to provide the building permit as sought for, within the stipulated time limits to the petitioner, in the interest of justice.2. apparently, the petitioner is aggrieved by ext. p5 order dated26.10.2015 issued by the secretary of the irinjalakuda municipality, respondent no.2, informing the petitioner that in the site plan, the measurements seem to be different apparently from the plan produced by him and so also, it is informed that the shade of the existing building is protruded into the neighbouring property.3. this writ petition was pending before this court from theyear 2015 without securing any interim orders. the petitioner has w.p.(c) no. 39786/2015 :3: also stated that a suit i.e., o.s. no. 4001 of 2012, is pending consideration before the munsiff's court, irinjalakuda by and between the petitioner and his brother, who is his neighbour.4. in that view of the matter, i do not think, at this distance oftime, anything survives to be adjudicated in this writ petition. accordingly, this writ petition is dismissed, leaving open the rights and liberty of the petitioner to pursue all remedies in the suit said to be pending. sd/- shaji p. chaly, judge. rv w.p.(c) no. 39786/2015 :4: appendix of wp(c) 39786/2015 petitioner's exhibits ext.p1 p1-true copy of the document bearing no.3022/98 of irinjalakuda sro dated 24/10/1998. ext.p2 p2-true copy of the plaint in o.s 4001/2012 dated irinjalakuda. ext.p3 p3-true copy of the report and plan of the advocate commissioner in exhibit-p2 suit dated ext.p4 p4-true copy of the plaint in o.s 599/2013 dated ext.p5 p5-true copy of the communication of the 2nd respondent dated 26/10/2015 respondents' exhibits: nil /true copy/ ps to judge. rv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 WP(C) NO. 39786 OF 2015 PETITIONER/S: DEVADAS, AGED 63 YEARS, S/O. VALIAPARAMBIL VELAYUDHAN, IRINJALAKUDA VILLAGE DESOM, THRISSUR - 680 121. BY ADV SRI.G.SREEKUMAR (CHELUR) RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE IRINJALAKUDA MUNICIPALITY REPRESENTED BY ITS SECRETARY, IRINJALAKUDA P.O., THRISSUR - 680 121. BY ADVS. SRI.ARUN ANTONY SRI.K.K.CHANDRAN PILLAI SR. R1 BY SRI. K.P. HARISH, SR. GOVERNMENT PLEADER R2 BY SMT. S. AMBILY, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 39786/2015 :2:
SHAJI P. CHALY, J.
W.P.(C). No. 39786 of 2015 (W) Dated this the 1st day of July, 2022.

JUDGMENT

The petitioner has filed this writ petition seeking the following reliefs:

1. Call for the records leading to Ext. P5 and may be pleased to quash the same.

2. Issue a writ of mandamus or any other appropriate writ, order

or direction commanding the 2nd respondent to provide the building permit as sought for, within the stipulated time limits to the petitioner, in the interest of justice.

2. Apparently, the petitioner is aggrieved by Ext. P5 order dated

26.10.2015 issued by the Secretary of the Irinjalakuda Municipality, respondent No.2, informing the petitioner that in the site plan, the measurements seem to be different apparently from the plan produced by him and so also, it is informed that the shade of the existing building is protruded into the neighbouring property.

3. This writ petition was pending before this Court from the

year 2015 without securing any interim orders. The petitioner has W.P.(C) No. 39786/2015 :3: also stated that a suit i.e., O.S. No. 4001 of 2012, is pending consideration before the Munsiff's Court, Irinjalakuda by and between the petitioner and his brother, who is his neighbour.

4. In that view of the matter, I do not think, at this distance of

time, anything survives to be adjudicated in this writ petition. Accordingly, this writ petition is dismissed, leaving open the rights and liberty of the petitioner to pursue all remedies in the suit said to be pending. sd/- SHAJI P. CHALY, JUDGE. Rv W.P.(C) No. 39786/2015 :4: APPENDIX OF WP(C) 39786/2015 PETITIONER'S EXHIBITS EXT.P1 P1-TRUE COPY OF THE DOCUMENT BEARING NO.3022/98 OF IRINJALAKUDA SRO DATED 24/10/1998. EXT.P2 P2-TRUE COPY OF THE PLAINT IN O.S 4001/2012 DATED IRINJALAKUDA. EXT.P3 P3-TRUE COPY OF THE REPORT AND PLAN OF THE ADVOCATE COMMISSIONER IN EXHIBIT-P2 SUIT DATED EXT.P4 P4-TRUE COPY OF THE PLAINT IN O.S 599/2013 DATED EXT.P5 P5-TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATED 26/10/2015 RESPONDENTS' EXHIBITS: NIL /True Copy/ PS To Judge. rv

Same Court & Year Kerala · 2022 Same Parties Devadas vs State of Kerala Same Judge Honourable Mr. Justice Shaji P.Chaly

Government pleader In the interest of Self government Interim order high court True copy