Kerala High Court
Wadakanchery Bar Association vs State Of Kerala Rep.By Chief ... on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 29527 OF 2010
PETITIONER:
WADAKANCHERY BAR ASSOCIATION
REG.NO.BCK 69/81, WADAKANCHERRY, THRISSUR, TALAPILLY
TALUK, REPRESENTED THROUGH ITS SECRETARY.
BY ADVS.
LRI.G.SREEKUMAR (CHELUR)
SRI.SAJITH KUMAR KANGHINGHAT
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,
THIRUVANANTHAPURAM.
2 THE DISTRICT COLLECTOR
COLLECTORATE, THRISSUR.
3 TAHSILDAR
TALUK OFFICE, TALAPILLY TALUK,
WADAKKANCHERRY, THRISSUR DISTRICT.
4 ASSISTANT EXECUTIVE ENGINEER
BUILDINGS SUB-DIVISION, PUBLIC WORKS DEPARTMENT,,
WADAKKANCHERRY DIVISION, WADAKKANCHERRY, THRISSUR
DISTRICT.
5 ADDL.R5 A.C MOIDEEN, AGED 53 YEARS, S/O.CHIYAMU,
AKKAPARAMBIL HOUSE, KALLAMPARA, PANANGATTUKARA POST,
THEKKUMKARA VILLAGE, THALAPPILLY TALUK, THRISSUR
DISTRICT.
(ADDL.R5 IMPLEADED AS PER ORDER DATED 30/9/10 IN
I.A.NO.13606/2010 IN WP(C)NO.29527/10).
6 ADDL.R6 SUNIL KUMAR, S/O.KUNHUMON,
SECRETARY, KERALA ADVOCATE CLERKS ASSOCIATION,
REG.NO.81/83, WADAKANCHERY UNIT,
RESIDING AT THEKKEKARAMEL,
ATTUR VILLAGE, DESOM, THRISSUR DISTRICT.
(ADDL.R6 IMPLEADED AS PER ORDER DATED 11/10/10 IN
I.A.NO.14183/10 IN WP(C) NO.29527/10)
WP(C)NO.29527/2010
2
BY ADVS.
SRI.LAL K.JOSEPH
SRI.RAJIT
SRI.V.R.REKESH
SRI.A.A.ZIYAD RAHMAN
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)NO.29527/2010
3
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.29527 of 2010
--------------------------------
Dated this the 05th day of October 2021
JUDGMENT
The above writ petition is filed with following
prayers:
"i) issue appropriate directions to the
respondents not to construct a mini civil station
housing government offices in the open compound
abutting the Hon'ble Munsiff's and Hon'ble
Judicial First Class Magistrate's courts complex
at Wadakancherry or changing its present nature
and utility or use it in any way that will cause
any interference to functioning of courts as well
as presiding officers, court officers, court
staff, advocates, clerks and litigants or public
ingress or egress thereto from eastern main road
or any other construction against the letter and
spirit of directions of this Hon'ble court in
Jayan Vs State of Kerala[2002(2)KLJ 472].
ii) Pass any such or further orders as the
petitioner may seek and this Hon'ble Court deem
fit to grant."
2. Today, when the matter came up for
consideration, the learned Government Pleader
WP(C)NO.29527/2010
submitted that the Mini civil station is already
constructed and the grievance of the petitioner is
already redressed. If there is any surviving
grievance to the petitioner, the petitioner is free
to approach the authority concerned.
With such an observation, this Writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C)NO.29527/2010
APPENDIX OF WP(C) 29527/2010
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY RESPONDENT NO.3 DATED
02.12.2004 IN WPC 9720/2004
EXHIBIT P2 TRUE COPY OF JUDGMENT IN WPC 9720 /2004
DATED 05.07.2007
EXHIBIT P3 TRUE COPY OF INTERIM ORDER IN W PC
9720/2004 DATED 19.03.2004
EXHIBIT P4 ROUGH PLAN SHOWING THE ACTUAL LAY OUT OF
THE COURTS, TALUK OFFICE BUILDING,
TREASURY ETC
EXHIBIT P5 ROUGH PLAN SHOWING THE ACTUAL LAY OUT OF
BOTH SITES AND OTHER RELEVANT SITES
EXHIBIT P6 A TRUE COPY OF RESOLUTION DATED
18.09.2010 OF THE BAR ASSOCIATION,
WADAKANCHERRY AUTHORIZING THE FILING OF
THIS WRIT PETITION
EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE MEETING
DATED 14.10.2010 AT THE CHAMBER OF THE
DISTRICT COLLECTOR THRISSUR
RESPONDENT EXHIBITS
EXHIBIT R2A A TRUE COPY OF THE MINUTES OF THE
MEETING
EXHIBIT R2B A TRUE COPY OF THE GO (RT)
NO.405/2010/PWD DATED 15.3.2010
//TRUE COPY//
PA TO JUDGE
