Joseph.M.K vs Secretary, Angamaly ...
2021 Latest Caselaw 22201 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                           WP(C) NO. 10805 OF 2011
PETITIONER:

             JOSEPH.M.K
             RESIDING AT MOLATH, ASAMANOOR, KIDANGOOR P.O.,
             ANGAMALY, ERNAKULAM DISTRICT.
          BY ADVS.
          SRI.K.V.SOHAN
          SMT.SREEJA SOHAN.K.


RESPONDENT:

1
1             SECRETARY, ANGAMALY MUNICIPALITY
              ANGAMALY, ERNAKULAM DISTRICT, PIN-683572.
ADDL.R2       ADV.PAULACHAN PUTHUPPARA,
              OPPOSITE SPECIALIST HOSPITAL,
              ERNAKULAM NORTH P.O.


             R1 - SRI.WILSON URMESE,STANDING COUNSEL
             ADDL.R2 - SRI.PAULACHAN PUTHUPPARA - PARTY IN PERSON



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.11.2021,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.10805/2011                       2




                                        JUDGMENT

Dated this the 5th day of November, 2021

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

a) Call for the records connected with the case

b) Issue a writ of mandamus or other appropriate writ or order directing the respondent to take a decision on Exhibit P5 application for regularisation of the construction of the roofing with GI sheet over the parking area made by the petitioner in fron of his shop rooms bearing No.VII/49 and VII/50 of Angamaly Municipality.

c) Declare that the GI roofing of parking area in front of theb shop rooms bearing No.VII/49 and VII/50 of Angamaly Municipality by the petitioner is not an illegal consgtruction which violates any Building Rules.

d)Grant such other reliefs as this Hon'ble Court may deem, fit and proper in the circumstances of the case.

2. However, today when the matter was taken up learned counsel for

petitioner Sri.K.V.Sohan submitted that the subject matter has virtually become

infructuous since the entire building was taken over for road widening. Therefore,

nothing survives to be adjudicated in this writ petition.

3. Accordingly the writ petition is dismissed as infructuous, after hearing

respective counsel including the learned standing counsel for Angamaly Municipality

Sri.Wilson Urmese.

Sd/-

                                         SHAJI P. CHALY,
smv                                          JUDGE