Sirajuddin Panakkat vs The Kannur Corporation
2021 Latest Caselaw 22146 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                    WP(C) NO. 6232 OF 2016


PETITIONER/S:

           SIRAJUDDIN PANAKKAT
           AGED 42 YEARS
           S/O. MOOSAKUTTY,
           KPK ASSOCIATES,
           WORLD OF TITAN SHOWROOM,
           CITY CENTRE, FORT ROAD,
           KANNUR.

           BY ADVS.
           SRI.K.R.AVINASH (KUNNATH)
           SRI.ABDUL RAOOF PALLIPATH


RESPONDENT/S:

    1      THE KANNUR CORPORATION
           REPRESENTED BY ITS SECRETARY,
           KANNUR - 670 012.

    2      THE SECRETARY
           KANNUR CORPORATION,
           KANNUR - 670 012.

    3      ABDULLA SUBAIR
           REAL FORT AND RESORT,
           CITY CENTRE, FORT ROAD,
           KANNUR-1.

           BY ADVS.
           SRI.K.K.CHANDRAN PILLAI (SR.)
           SRI.V.RAMKUMAR NAMBIAR
           SMT.S.AMBILY
           SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL
           CORPORATION


    THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 05.11.2021, ALONG WITH WP(C).13274/2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS. 6232 OF 2016
& 13274 OF 2016
                             2




         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                 WP(C) NO. 13274 OF 2016


PETITIONER/S:

         M/S.REAL FORTS AND RESORTS PRIVATE LTD. KANNUR
         REPRESENTED BY ITS DIRECTOR
         MR.M.ABDUL GAFOOR,
         AGED 61 YEARS S/O.P.P.ABOOBACKER,
         RESIDING AT 'NAAZ',
         ARTILLERY ROAD,
         THILLERY,KANNUR-670001.

         BY ADV SRI.V.RAMKUMAR NAMBIAR



RESPONDENT/S:

    1    THE KANNUR MUNICIPAL CORPORATION
         REPRESENTED BY ITS SECRETARY,
         KANNUR-670012.

    2    THE SECRETARY
         KANNUR MUNICIPAL CORPORATION,
         KANNUR-670012.

    3    MR.P.NASIRUDDIN
         AGED 60 YEARS
         S/O.LATE K.P.KUNHIMOOSA @ MOOSAKUTTY,
         RESIDING AT 'CITADEL',
         THILLERY,KANNUR-670001.

    4    MR.P.SIRAJUDDIN
         AGED 42 YEARS
         S/O.LATE K.P.KUNHIMOOSA @ MOOSAKUTTY,
 WP(C) NOS. 6232 OF 2016
& 13274 OF 2016
                                 3


            K.P.K.ASSOCIATES,WORLD OF TITAN SHOW ROOM,
            CITY CENTRE,FORT ROAD,
            KANNUR-670001.

    5       ABDUL BASITH L.K
            AGED 45 YEARS
            S/O MUSTHAFA,
            UMAYIMATH MANZIL,
            MUNDERI VILLAGE,
            KANNUR DISTRICT.

            BY ADVS.
            SMT.S.AMBILY
            SMT.M.MEENA JOHN
            SRI.C.M.ANDREWS
            SRI.C.M.ANDREWS
            SRI.K.R.AVINASH KUNNATH
            SRI.K.N.ABHILASH
            SRI.ABDUL RAOOF PALLIPATH
            SRI.M.A.AHAMMAD SAHEER
            SMT.BOBY M.SEKHAR
            SRI.K.K.CHANDRAN PILLAI SR.
            SRI.P.T.MOHANKUMAR
            SRI.SHYAM PADMAN
            SRI.SUNIL NAIR PALAKKAT




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 05.11.2021, ALONG WITH WP(C).6232/2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS. 6232 OF 2016
& 13274 OF 2016
                             4


                          JUDGMENT

The issues involved in all these cases are

relating to certain unauthorised kiosks.

2. When the case is taken up today, it has

been reported by the parties that all the kiosks

have already been demolished and that the matter

has become infructous. The learned counsel for the

Corporation has also filed statement to that

effect. Hence, these Writ Petitions are dismissed

as infructous.

Sd/-

T.R.RAVI JUDGE avs WP(C) NOS. 6232 OF 2016 & 13274 OF 2016

APPENDIX OF WP(C) 13274/2016

PETITIONER EXHIBITS

P1 TRUE COPY OF THE LEASE DEED DATED 04.02.2002

P2 TRUE COPY OF THE RECEIPT DATED 11.02.2014 ISSUED BY THE KANNUR MUNICIPALITY

P3 TRUE COPY OF THE RECEIPTS DATED 27.02.2014,ISSUED BY THE KANNUR MUNICIPALITY

P4 TRUE COPY OF THE RECEIPT DATED 19.03.2014 ISSUED BY THE KANNUR MUNICIPALITY

P5 TRUE COPY OF THE ORDER OF THE KANNUR MUNICIPAL CORPORATION DATED 14.03.2016

P6 TRUE COPY OF THE REPORT AND PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.506/2011 OF THE MUNSIFF'S COURT, KANNUR

P7 TRUE COPY OF THE COMPROMISE DECREE AND JUDGMENT ALONG WITH THE COMPROMISE PETITION IN O.S.506/2011 OF THE MUNSIFF'S COURT, KANNUR

P8 TRUE COPY OF NOTICE DATED 01.02.2016 ISSUED BY THE SECOND RESPONDENT

P9 TRUE COPY OF REPLY NOTICE SUBMITTED BY THE PETITIONER DATED O6.02.2016 BEFORE THE SECOND RESPONDENT AND ACKNOWLEDGED BY THE SECOND RESPONDENT

P10 TRUE COPY OF INTERIM ORDER OF THIS WP(C) NOS. 6232 OF 2016 & 13274 OF 2016

HON'BLE COURT IN W.P(C)6232/2016 DATED 19.02.2016

P11 TRUE COPY OF THE NOTICE DATED 09.03.2016 ISSUED BY THE SECOND RESPONDENT

P12 TRUE COPY OF THE REPLY DATED 10.03.2016 TO THE SECOND RESPONDENT

P13 TRUE COPY OF ORDER DATED 01.04.2016 ISSUED BY THE SECOND RESPONDENT

P14 TRUE COPY OF REPLY SUBMITTED BY THE PETITIONER DATED 02.04.2016 BEFORE THE SECOND RESPONDENT AND ACKNOWLEDGMENT BY THE SECOND RESPONDENT.

WP(C) NOS. 6232 OF 2016 & 13274 OF 2016

APPENDIX OF WP(C) 6232/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19/01/2016

EXHIBIT P2 P2-TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 01/02/2016