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.
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W.P.(C). No. 39786 of 2015 (W)
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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 31/12/2012 ON THE FILE OF THE MUNSIFF COURT, IRINJALAKUDA.
EXT.P3 P3-TRUE COPY OF THE REPORT AND PLAN OF THE ADVOCATE COMMISSIONER IN EXHIBIT-P2 SUIT DATED 07/02/2013.
EXT.P4 P4-TRUE COPY OF THE PLAINT IN O.S 599/2013 DATED 25/02/2013 OF THE SAME COURT.
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