Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 31ST DAY OF MAY 2019 / 10TH JYAISHTA, 1941 PETITIONERS:
1 SHANAVAS, AGED 49 YEARS S/O.RAVINDRAN, CHEMPAKATHU PARAMBIL HOUSE, P.O.NEERIKODE, ERNAKULAM DISTRICT, NOW AT P.O.BOX NO.110672, ABUDHABI, UAE. 2 BANESH, S/O.PAVITHRAN, KUTTIPPARAMBIL HOUSE, T.K.S.PURAM P.O., KODUNGALLUR, NOW AT P.O.BOX NO.110672, ABUDHABI, UAE, REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, GOKUL, S/O.SHANAVAS, AGED 19 YEARS, CHEMPAKATHU PARAMBIL, P.O.NEERIKODE, ERNAKULAM DISTRICT. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001. 2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY, THIRUVANANTHAPURAM, PIN - 695 001. 3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY (B) SECTION, KODUNGALLUR, PIN - 680 664. 4 THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY SUB SECTION NORTH PARAVUR, PIN - 683 513.
5 THE KODUNGALLUR MUNICIPALITY, KODUNGALLUR P.O., PIN - 680 664, REPRESENTED BY ITS SECRETARY. 6 THE SECRETARY, KODUNGALLUR MUNICIPALITY, KODUNGALLUR P.O., PIN - 680 664. *ADDL. R7 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, MAVELIPURAM, KAKKANAD, ERNAKULAM-682030. (ADDL. R7 IS IMPLEADED AS PER ORDER DATED 21-05- 2019 IN I.A. NO. 1/2019. BY ADV. SMT.I. SHEELA DEVI, CGC BY SRI MANU RAJ K.J- GOVERNMENT PLEADER ; BY SRI K.A.NOUSHAD- STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners, who are stated to be the absolute owners in possession of 2.37 Ares of land comprised in Survey No.629/6 of Lokamaleswaram Village in Kodungallur Taluk, covered by Document No.4832/2012 dated 26.12.2012, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 communication dated 20.02.2019 issued by the 5th respondent Municipality, as illegal. The petitioners have also sought for a writ of mandamus commanding the 6th respondent Secretary of the 5th respondent Municipality to consider Ext.P2 application for occupancy certificate in respect of the building constructed by them in the aforesaid property along NH 66, notwithstanding non production of No Objection Certificate from respondents 2 to 4.
2. On 18.03.2019, when this writ petition came up for admission, the learned Standing Counsel for the 6th respondent sought time to get instructions.
3. On 29.03.2019, when this writ petition came up
for consideration, the petitioners were directed to implead the National Highway Authority of India, within one week. The learned Government Pleader and also the learned Standing Counsel for the Municipality were directed to file counter affidavits within one week.
4. As per the order of this Court dated 21.05.2019 in I.A.No.1 of 2019 the Project Director, National Highway Authority of India is impleaded as the additional 7th respondent.
5. Today, when the case is taken up for
consideration, the learned counsel for the petitioners seeks permission to withdraw this writ petition. In such circumstances, recording the submission made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn. Sd/- ANIL K.NARENDRAN, JUDGE AV/1/6