Abdul Shukkoor vs The District Collector
2021 Latest Caselaw 14889 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                          WP(C) NO. 23426 OF 2014
PETITIONER/S:

             ABDUL SHUKKOOR,
             AGED 39 YEARS
             S/O.MUSTHAFA, 22/414(1), OTHUNGODE, THIRUNELLAI P.O.,
             PALAKKAD.

             BY ADVS.
             SRI.BINOY VASUDEVAN
             SMT.P.G.BABITHA


RESPONDENT/S:

     1       THE DISTRICT COLLECTOR
             COLLECTORATE, CIVIL STATION, PALAKKAD, 678101.

     2       THE ASSISTANT EXECUTIVE ENGINEER
             KERALA WATER AUTHORITY, PUBLIC HEALTH SUB DIVISION,
             PALAKKAD, 678101.

     3       THE PALAKKAD MUNICIPALITY
             REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD,
             678101.

     4       THE SECRETARY
             PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD, 678101.

     5       THE MUNICIPAL COUNCIL OF PALAKKAD MUNICIPALITY
             REPRESENTED BY ITS CHAIRMAN, PALAKKAD MUNICIPALITY,
             PALAKKAD, 678101.

             BY ADVS.
             SRI.P.S.APPU
             SRI.T.C.SURESH MENON
             SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY

             R1 - SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT PLEADER R2 -
             SRI.P.BENJAMIN PAUL,SC


     THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23426 OF 2014
                                            2

                                        JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

"(i) Issue a writ of mandamus or other appropriate writs, orders or directions commanding the 5 th respondent to accord sanction for cutting of the road as sought for by the second respondent as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble court.

(ii) Issue a writ of mandamus or other appropriate writs, orders or directions commanding the 4 th respondent to place the request made by the Second respondent in the next meeting of the 5 th respondent Council

(iii) Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Today, when the matter is taken up, learned counsel for the petitioner

submitted that the matter has become infructuous.

Accordingly, the writ petition is dismissed as infructuous.

Sd/-

SHAJI P.CHALY JUDGE

uu 19.07.2021 WP(C) NO. 23426 OF 2014

APPENDIX OF WP(C) 23426/2014

PETITIONER EXHIBITS

EXHIBIT-P1: TRUE COPY OF THE SKETCH OF THE PROJECT PREPARED BY THE SECOND RESPONDENT.

EXHIBIT-P2: TRUE COPY OF THE ESTIMATE REGARDING THE PROJECT.

EXHIBIT-P3: TRUE COPY OF THE ADMINISTRATIVE SANCTION FOR THE PROJECT DATED 26.09.2013 GRANTED BY THE FIRST RESPONDENT.

EXHIBIT-P4: TRUE COPY OF THE COMMUNICATION DATED 07.10.2013 SENT BY THE SECOND RESPONDENT TO THE FOURTH RESPONDENT.

EXHIBIT-P5: TRUE COPY OF THE LETTER DATED 18.05.2013 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT-P6: TRUE COPY OF THE COMMUNICATION DATED 27.03.2014 ISSUED BY THE SECOND RESPONDENT TO THE FOURTH RESPONDENT.

EXHIBIT-P7: TRUE COPY OF THE NOTE FILE OBTAINED BY THE PETITIONER UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT 2005 REGARDING THE THIRD AND FOURTH RESPONDENTS.

EXHIBIT-P8: TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE PALAKKAD MUNICIPALITY.