WP(C) NO. 26972 OF 2012 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 26972 OF 2012
PETITIONER/S:
1 M.J.JOHNSON
AGED 45 YEARS
S/O. JOSEPH,MADATHIPARAMBIL HOSUE, WIRE ROPES
JUNCTION EDATHALA.P.O., PUKKATTUPADY PIN-683561
2 SRI.V.O. VARGHESE
S/O. VARGHESE VARKEY, PROPRIETOR, M/S. CHERUPUSHPAM
OFFSET, WIRE ROPES JUNCTION EDATHALA.P.O.,
PUKKATTUPADY PIN-683561M NOW RESIDING AT
OOTTANCHERY HOSUE, THAMARACHAL,
KIZHAKKAMBALAM.P.O., ERNAKULAM-683562.
BY ADVS.
SRI.K.C.ELDHO
SRI.ANESH PAUL
SRI.JIJO THOMAS
SRI.SURAJ.S
RESPONDENT/S:
1 DR.BABY KRISHNAN
AGED 54 YEARS
S/O. KRISHNAN, AISWARAYA HOSPITAL HOSPITAL WIRE
ROPES JUNCTION, EDATHALA.P.O., PUKKATTUPADY, PIN-
683561.
2 DR. REMA BABY
AGED 44 YEARS
W/O. DR. BABY KRISHNAN, AISWARAYA HOSPITAL HOSPITAL
WP(C) NO. 26972 OF 2012 2
WIRE ROPES JUNCTION, EDATHALA.P.O., PUKKATTUPADY,
PIN-683561.
3 EDATHALA GRAMA PANCHAYATH
EDATHALA NORTH PO, ALUVA PIN-683561, REPRESENTED BY
ITS SECRETARY.
BY ADVS.
SRI.N.HARIDAS
SRI.C.S.MANU
SRI.M.N.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 26972 OF 2012 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 26972 of 2012
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Dated this the 7th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers : "a. Call for the records leading to Exhibit P14 order and quash the same by issuing a Writ of Certiorari or any other appropriate writ, order or direction.
b. Issue a writ of mandamus or any other appropriate writ, order or direction compelling the 3rd respondent Panchayath not to implement Ext.P14 order in respect of the illegal constructions made by the respondents 1 and 2 in plaint B schedule property in Exhibit P1 suit pending final disposal of the Appeal No. 445 of 2006 on the file of the Tribunal for Local Self Government Institutions, Thiruvananthapuram c. Issue such other writ, order or direction as this Honourable Court deems fit while considering the peculiar circumstances of the case." [SIC]
2. The main prayer is against Ext.P14. Ext.P14 is the building permit issued by the Edathala Municipality. The 2 nd WP(C) NO. 26972 OF 2012 4 prayer is to issue a direction to the 3 rd respondent- Panchayat not to implement Ext.P14 order in respect of the illegal construction made by respondent Nos. 1 and 2 in plaint B schedule property in Ext.P1 suit pending final disposal of the Appeal No. 445 of 2006 on the file of the Tribunal for Local Self Government Institutions, Thiruvananthapuram. Probaby, the suit and the appeal might have been disposed finally. There is no representation for the petitioner also. I think, the prayers in the writ petition are infructuous.
Therefore, this writ petition is dismissed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C) NO. 26972 OF 2012 5
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE PLAINT IN OS NO 310 OF 2005 ON THE FILE
OF MUNSIFF'S COURT, ALUVA
EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS
1 AND 2 IN EXHIBIT P1 SUIT
EXT.P3 TRUE COPY OF THE NO OBJECTION DATED 16.9.2004 ISSUED BY
THE 3RD RESPONDENT
EXT.P4 TRUE COPY OF THE NOTIFICATION NO.GO(MS) NO.149/98/LAD
ISSUED BY THE GOVERNMENT
EXT.P5 TRUE COPY OF THE ADDL. WRITTEN STATEMENT FILED BY THE
RESPONDENTS 1 AND 2 IN EXHIBIT P1
EXT.P6 TRUE COPY OF THE WRITTEN STATMENT FILED BY THE 3RD
RESPONDENT IN EXHIBIT P1 SUIT
EXT.P7 TRUE COPY OF THE ORDER NO.A2-115/06 DATED 27.4.2006 OF
THE 3RD RESPONDENT PANCHAYATH
EXT.P8 TRUE COPY OF THE ORDER DATED 24.8.2006 OF THE TRIBUNAL
FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM EXT.P9 TRUE COPY OF THE SAID NOTICE DATED 30.10.2006 ISSUED BY THE 3RD RESPONDENT PANCHAYATH EXT.P10 A TRUE COPY OF THE ORDER DATED 2.4.2007 IN WPC NO 30883/2006 OF THIS HON'BLE COURT EXT.P11 A TRUE COPY OF THE JUDGMENT DATED 18.11.2010 IN WPC NO 33895/2005 OF THIS HON'BLE COURT EXT.P12 A TRUE COPY OF THE UDGMENT DATED 13.8.2012 IN OPC NO 2656/2012 OF THIS HON'BLE COURT EXT.P13 A TRUE COPY OF THE REPORT DATED 11.9.2012 OF THE ASSISTANT ENGINEER OF THE 3RD RESPONDENT EXT.P14 A TRUE COPY OF THE ORDER DATED NIL ISSUED BY THE 3RD RESPONDENT PANCHAYAT REGULARIZING THE ILLEGAL CONSTRUCTIONS.