Mathai vs The Cherthala Municipality
2021 Latest Caselaw 19290 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                        WP(C) NO. 12292 OF 2014
PETITIONER/S:

          MATHAI,
          AGED 62 YEARS,
          S/O.MATHAI, PUTHUVEETTIL VELIYIL, CHERTHALA P.O.,
          CHERTHALA.

          BY ADVS.
          SRI.B.PRAMOD
          SRI.BENSON J LAWRANCE



RESPONDENT/S:

    1     THE CHERTHALA MUNICIPALITY,
          MUNICIPAL OFFICE, CHERTHALA P.O., CHERTHALA,
          REPRESENTED BY ITS SECRETARY-688524.

    2     THE SECRETARY,
          THE CHERTHALA MUNICIPALITY, MUNICIPAL OFFICE, CHERTHALA
          P.O., CHERTHALA-688524.

    3     THE BUILDING INSPECTOR,
          CHERTHALA MUNICIPALITY, MUNICIPAL OFFICE, CHERTHALA
          P.O., CHERTHALA-688524.

    4     ST.MARYS FOREIGN CHURCH,
          MUTTOM, CHERTHALA P.O., CHERTHALA, REPRESENTED BY ITS
          VIKAR-688524.

          BY ADV J.OM PRAKASH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12292 OF 2014
                                            -2-

                                     JUDGMENT

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

"(i) Issue a writ of certiorari calling for the original of Ext.P5 order and quashing the same;

(ii) Issue a writ of mandamus or any other writ order directing the respondents to drop the proceedings for demolition of additional temporary structure put by the petitioner in front of his shop and to regularise the construction;

(iii) Issue such other order as this Hon'ble court deems fit and necessary in the facts and circumstances of the case."

Today, when the matter is taken up, learned counsel for the petitioner

submitted that the matter has become infructuous.

Accordingly, the writ petition is dismissed as infructuous.

Sd/-

SHAJI P.CHALY JUDGE

uu 14.09.2019 WP(C) NO. 12292 OF 2014

APPENDIX OF WP(C) 12292/2014

PETITIONER EXHIBITS

EXHIBIT P1 : TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S SHOP.

EXHIBIT P2 : TRUE COPY OF THE SHOPS SITUATED ON THE SOUTHERN SIDE OF THE PETITIONER'S SHOP.

EXHIBIT P3 : TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER.

EXHIBIT P4 : TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF THE FEE FOR RENEWAL OF LICENSE.

EXHIBIT P5 : TRUE COPY OF THE ORDER DT.24-4- 2014 ISSUED BY R2.

EXHIBIT P6 : TRUE COPY OF THE REPRESENTATION DT.18-12-2013 SUBMITTED BY THE PETITIONER.