P.M.Musthafa vs State Of Kerala
2022 Latest Caselaw 1371 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                         W.P.(C) NO.29631 OF 2012
PETITIONER:

              P.M.FISHERIES,
              REPRESENTED BY ITS MANAGING PARTNER,
              P.M. FISHERIES,
              PALAKKAD HOUSE, PERINTHALMANNA.

              BY ADVS.
              SRI.K.P.KAMALAKARA BABU
              SRI.N.KRISHNA PRASAD
              SRI.S.RAMESH BABU SR.


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY ITS SECRETARY,
              DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM-695 001.

     2        THE LOCAL LEVEL MONITORING COMMITTEE,
              PERINTHALMANNA MUNICIAPLITY,
              REPRESENTED BY ITS CONVENER, PERINTHALMANNA.

     3        THE STATE LEVEL MORITORING COMMITTEE
              REPRESENTED BY ITS CONVENER,
              AGRICULTURAL PRODUCTION COMMISSIONER,
              TRIVANDRUM-695 001.

     4        PERINTHALMANNA MUNICIPALITY
              REPRESENTED BY ITS SECRETARY,
              PERINTHALMANNA.

    R4        BY ADV SRI.P.C.SASIDHARAN

   R1-R3      SRI. JOBEY JOSEPH, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.29631 OF 2012
                                -2-

                   P.V. KUNHIKRISHNAN, J.
          -----------------------------------------------
                  W.P.(C) No.29631 of 2012
          -----------------------------------------------
          Dated this the 1st day of February, 2022

                           JUDGMENT

The above writ petition is filed with the following

prayers:-

"To issue a writ of mandamus or any other writ of appropriate direction commanding the respondents to abide by the direction in Ext P1 judgment and to take a decision in the matter as expeditiously as possible at any rate within a time frame to be fixed by this Honourable Court."

2. It is the case of the petitioner that he has

undertaken the work for the construction of a wholesale

fish market at Perinthalmanna Municipality. The project was

sanctioned by the Government subject to the condition that

the adjacent lands would be maintained as green belt. It is

the further case of the petitioner that the acquisition

proceedings were commenced by the 4th respondent

Municipality. W.P.(C) No.38108 of 2010 was filed

challenging the acquisition proceedings on the ground that W.P.(C) NO.29631 OF 2012

it is a paddy field. This Court disposed the above writ

petition as per Ext.P1 judgment directing that the

acquisition proceedings could be made only after exempting

the land from the purview of Act 28/2008. Pursuant to

Ext.P1, the 2nd respondent Local Level Monitoring

Committee constituted for Perinthalmanna Municipality took

further steps. The grievance of the petitioner is that, till the

date of filing the writ petition, the report has not been

forwarded to the 3rd respondent State Level Committee

which is required to forward the report of the 2 nd respondent

to the Government for passing appropriate orders. Hence

this writ petition is filed for issuing direction to the

respondents to abide by the direction in Ext.P1 judgment

and to take a decision in the matter as expeditiously as

possible.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. This writ petition was filed on 11.12.2012. This

writ petition is pending in this Court from that date W.P.(C) NO.29631 OF 2012

onwards. There is no interim order passed in this writ

petition. I think that the prayers in this writ petition have

become infructuous.

Therefore, this writ petition is dismissed as

infructuous.

Sd/-

P.V. KUNHIKRISHNAN JUDGE bpr