Devadas vs State Of Kerala
2022 Latest Caselaw 8204 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

          FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

                         WP(C) NO. 39786 OF 2015

PETITIONER/S:

           DEVADAS,
           AGED 63 YEARS,
           S/O. VALIAPARAMBIL VELAYUDHAN, IRINJALAKUDA VILLAGE DESOM,
           THRISSUR - 680 121.
           BY ADV SRI.G.SREEKUMAR (CHELUR)


RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF
           GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.
     2     THE IRINJALAKUDA MUNICIPALITY
           REPRESENTED BY ITS SECRETARY, IRINJALAKUDA P.O., THRISSUR -
           680 121.
           BY ADVS.
           SRI.ARUN ANTONY
           SRI.K.K.CHANDRAN PILLAI SR.
           R1 BY SRI. K.P. HARISH, SR. GOVERNMENT PLEADER
           R2 BY SMT. S. AMBILY, SC



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2022,

     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 39786/2015               :2:



                              SHAJI P. CHALY, J.
           ---------------------------------------------------------
                         W.P.(C). No. 39786 of 2015 (W)
             ---------------------------------------------------------
                 Dated this the 1st day of July, 2022.

                                JUDGMENT

The petitioner has filed this writ petition seeking the following

reliefs:

1. Call for the records leading to Ext. P5 and may be pleased to quash the same.

2. Issue a writ of mandamus or any other appropriate writ, order

or direction commanding the 2nd respondent to provide the building permit as sought for, within the stipulated time limits to the petitioner, in the interest of justice.

2. Apparently, the petitioner is aggrieved by Ext. P5 order dated

26.10.2015 issued by the Secretary of the Irinjalakuda Municipality,

respondent No.2, informing the petitioner that in the site plan, the

measurements seem to be different apparently from the plan

produced by him and so also, it is informed that the shade of the

existing building is protruded into the neighbouring property.

3. This writ petition was pending before this Court from the

year 2015 without securing any interim orders. The petitioner has

also stated that a suit i.e., O.S. No. 4001 of 2012, is pending

consideration before the Munsiff's Court, Irinjalakuda by and between

the petitioner and his brother, who is his neighbour.

4. In that view of the matter, I do not think, at this distance of

time, anything survives to be adjudicated in this writ petition.

Accordingly, this writ petition is dismissed, leaving open the

rights and liberty of the petitioner to pursue all remedies in the suit

said to be pending.

sd/­ SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 39786/2015

PETITIONER'S EXHIBITS EXT.P1 P1-TRUE COPY OF THE DOCUMENT BEARING NO.3022/98 OF IRINJALAKUDA SRO DATED 24/10/1998. EXT.P2 P2-TRUE COPY OF THE PLAINT IN O.S 4001/2012 DATED 31/12/2012 ON THE FILE OF THE MUNSIFF COURT, IRINJALAKUDA.

EXT.P3 P3-TRUE COPY OF THE REPORT AND PLAN OF THE ADVOCATE COMMISSIONER IN EXHIBIT-P2 SUIT DATED 07/02/2013.

EXT.P4 P4-TRUE COPY OF THE PLAINT IN O.S 599/2013 DATED 25/02/2013 OF THE SAME COURT.

EXT.P5 P5-TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATED 26/10/2015

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS To Judge.

rv