Ajayakumar vs Neduvathoor Grama Panchayat
2021 Latest Caselaw 7904 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                       WP(C).No.3228 OF 2012(C)


PETITIONER:

               AJAYAKUMAR
               AGED 45 YEARS, S/O.SREEDHARAN PILLAI, SREE VILASAM,
               THEVALAPPURAM P.O., PUTHOOR, KOLLAM DISTRICT.

               BY ADV. SRI.K.V.SABU

RESPONDENTS:

      1        NEDUVATHOOR GRAMA PANCHAYAT
               NEDUVATHOOR REPRESENTED BY ITS SECRETARY, KOLLAM
               DISTRICT, PIN-691506.

      2        DEPUTY DIRECTOR OF PANCHAYATH
               COLLECTORATE, KOLLAM, PIN-691013.

      3        DISTRICT COLLECTOR
               KOLLAM, PIN-691013.




               SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3228 OF 2012(C)                     2




                                   JUDGMENT

Dated this the 8th day of March, 2021

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

[a]. Issue a writ of Mandamus, direction or order directing the 3 rd respondent to give necessary directions to the respondents 1 & 2 for reinstatement of public property from unauthorised encroachers. [b]. Issue a writ of Mandamus, direction or order directing the 1 st respondent to maintain the Thundil mukku-Perumbilly road to its original position and to maintain for transportation.

(c) Give such other orders as this Hon'ble Court deems may deems fit for the fair disposal of this case.

2. On going through the facts in the writ petition, it is clear that

petitioner is aggrieved by the action of certain persons, who are encroached

into public roads and has constructed petty shops so as to cause obstruction

to the passersby as well as vehicular traffic. It was thus the reliefs extracted

above were sought for by the petitioner.

3. Nine years have elapsed from the filing of the writ petition and

therefore, at this point of time it can never be believed that anything survives

to be considered in this writ petition. No interim orders were also secured by

the petitioner during the pendency of the writ petition.

Therefore, the writ petition is disposed of directing the 1 st respondent to

look into the matter, if anything survives to be considered at this distance of

time.

Sd/-

                                                     SHAJI P.CHALY

smv                                                       JUDGE




                            APPENDIX

PETITIONER'S APPENDIX

EXHIBIT P1: A COPY OF THE COMPLAIT DT.10.11.11

EXHIBIT P2: A COPY OF THE LETTER DT.16.12.11.

EXHIBIT P3: A COPY OF THE SKETCH DT.28.12.11 ISSUED BY THE TALUK SURVEYOR, KOTTARAKKARA IN FIELD NO.369/15.

EXHIBIT P4: A COPY OF THE INFORMATION DT.26.12.11.