IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 25757 OF 2015
PETITIONER/S:
AYYANKALI ROAD RESIDENCE ASSOCIATION
REPRESENTED BY THE PRESIDENT, P.K.CHOTHY,
PANACHIRA,AYYANKALI ROAD, POONITHURA P.O, COCHIN -682
038.
BY ADV SRI.BINDU SREEKUMAR
RESPONDENT/S:
1 DISTRICT COLLECTOR, ERNAKULAM
2 THE SECRETARYTOWN PLANNING OFFICER
ASSISTANT EXECUTIVE ENGINEER, EAST ZONAL
OFFICE,CORPORATION OF COCHIN, VYTTILA, COCHIN.
3 SUB INSPECTOR OF POLICE
MARADU.
4 RELIANCE JIO INFOCOM
CHANDRIKA CHAMBERS, S.A.ROAD, VYTTILA.
BY ADVS.
SRI.P.BENNY THOMAS
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.K.ANAND, SC, COCHIN CORPN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25757 OF 2015
2
JUDGMENT
The writ petition is filed for the following reliefs:
a. Issue a writ of certiorari or any other writ or order or direction calling for the records leading to Exhibit P2 and to quash the same.
b. To declare that the 1st respondent is bound to follow the guide lines dated 13.5.2014, in the interest of justice. c. To declare that Ext.P2 is arbitrary, ultravires, unconstitutional and violation of natural justice.
During the pendency of this writ petition, an affidavit dated 2.3.2020 has been filed on behalf the 4th respondent. Since it is stated by the 4th respondent that the Company has no intention to proceed with the construction of the disputed telecommunication tower, which is the subject matter of Ext.P2, the prayers made in the writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous.
Sd/-
sab MURALI PURUSHOTHAMAN
JUDGE
WP(C) NO. 25757 OF 2015
3
APPENDIX OF WP(C) 25757/2015
PETITIONER EXHIBITS
P1 - TRUE COPY OF THE MEMO DATED 30.5.15 P2 - TRUE COPY OF THE ORDER DATED 30.5.2015 PASSED BY THE 1ST RESPONDENT.