P.Nazar vs The Secretary
2021 Latest Caselaw 10088 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                      WP(C).No.24041 OF 2011(E)


PETITIONER:

               P.NAZAR,
               AGED 45 YEARS
               S/O.PEER MOIDEEN, T.C.NO.23/220, VRINDAVAN GARDENS,
               KOWDIAR, TRIVANDRUM.

               BY ADVS.
               SRI.P.MARTIN JOSE
               SRI.ANEESH JAMES
               SRI.M.A.MOHAMMED SIRAJ
               SRI.P.PRIJITH

RESPONDENTS:

      1        THE SECRETARY,
               TRIVANDRUM CORPORATION, TRIVANDRUM, PIN-695001.

      2        N.ANILKUMAR,
               S/O.NATARAJA PILLAI, NMC 11/521, CHITHIRA, FORT WARD,
               NEYYATTINKARA, PIN-695 121.

      3        INDU LEKHA,
               D/O.LATE VELAMMAL, NMC 11/521. CHITHIRA, FORT WARD,
               NEYYATTINKARA, PIN-695121.



               R1 - SRI.N.NANDAKUMARA MENON (SENIOR)
               ADV.SRI.P.K.MANOJKUMAR
               R2 AND R3 - SMT.M.A.ZOHRA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
25.3.2021, THE COURT ON 25-03-2021 DELIVERED THE FOLLOWING:
 WP(C).No.24041 OF 2011(E)                  2




                                 JUDGMENT

Dated this the 25th day of March 2021

This writ petition is filed by the petitioner seeking a writ of mandamus

directing the 1st respondent to communicate a copy of the decision, if any, taken

in pursuance to Exhibit P2 notice issued by the Secretary of the Corporation to

the party respondents in this writ petition viz., N.Anilkumar & Indu Lekha, before

issuing building permit to respondents 2 & 3.

From the pleadings put forth by the petitioner, what I could gather is that

petitioner has raised objections to the construction proposed to be put up by

respondents 2 & 3 and in the objection, no orders were passed by the Secretary

of the Corporation.

This writ petition was pending consideration before this Court from the

year 2011 without securing any interim order. Therefore, I do not think at this

distance of time, it can be visualised and legally presumed that anything survives

to be considered in this writ petition. Moreover, learned Senior Government

Pleader Sri.Surin George Ipe and learned Standing Counsel appearing for the

Corporation of Thiruvananthapuram, Sri.N.Nandakumara Menon, submitted that

the entire issues in relation to the complaint filed by the petitioner against the

construction put up by respondents 2 & 3 is over. Learned counsel appearing for

respondents 2 & 3, Smt.M.A.Zuhra, submitted that the construction was

completed and nothing remains to be adjudicated in the nature of relief sought

for in the writ petition.

Taking into account all the above aspects, I do not think any direction is

required as is sought for in the writ petition at this distance of time. Needless to

say, writ petition fails, accordingly it is dismissed.

Sd/-

                                                         SHAJI P.CHALY

SMV                                                          JUDGE




                                APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                  TRUE COPY OF REPRESENTATION DATED
                            17.06.2011 SUBMITTED BY THE PETITIONER
                            BEFORE THE 1ST RESPONDENT.

EXHIBIT P2                  TRUE COPY OF NOTICE DATED 13.07.2011 ISSUED
                            BY THE 1ST RESPONDENT TO THE PETITIONER AND
                            RESPONDENTS 2 AND 3.

EXHIBIT P3                  TRUE COPY OF REPRESENTATION DATED
                            26.07.2011 SUBMITTED BY THE PETITIONER
                            BEFORE THE 1ST RESPONDENT.

EXHIBIT P4                  TRUE COPY OF JUDGMENT IN W.P(C)NO.17324/04
                            DATED 16.06.2004 OF THIS HON'BLE COURT.

EXHIBIT P5                  TRUE COPY OF LETTER DATED 29.06.2011 ISSUED
                            BY THE PUBLIC INFORMATION OFFICER.