Sajeev Velappan Nair vs State Of Kerala
2022 Latest Caselaw 8214 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. 39999 OF 2015

PETITIONER:

              SAJEEV VELAPPAN NAIR,
              AGED 51 YEARS
              S/O.C.VELAPPAN NAIR, VILLA NO.6, DOOR NO.35/1625-D, STADIA
              PARK, BEHIND STADIUM, KALOOR, ERNAKULAM, COCHIN - 682 025.
              BY ADVS.
              SRI.K.JAJU BABU (SR.)
              SMT.M.U.VIJAYALAKSHMI


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
              GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM - 695 001.
     2        DISTRICT COLLECTOR
              ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD, COCHIN -
              682 030.
     3        COCHIN CORPORATION
              REPRESENTED BY ITS SECRETARY, PARK AVENUE, ERNAKULAM,
              COCHIN - 682 011.
     4        GEOLOGIST
              MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANAD,
              ERNAKULAM, COCHIN - 682 030.
     5        SENIOR ENGINEER
              POLLUTION CONTROL BOARD, KADAVANTHRA, ERNAKULAM, COCHIN -
              682 020.
     6        VILLAGE OFFICER
              VILLAGE OFFICE, PUNITHURA VILLAGE, VYTILLA, ERNAKULAM,
              COCHIN - 682 019.
     7        SUB INSPECTOR OF POLICE
              JANA MYTHRI POLICE STATION, PALARIVATTOM, ERNAKULAM, COCHIN
              - 682 025.
     8        PAUL ALUKKAS
              MANAGING DIRECTOR, M/S.PAUL ALUKKAS BUILDERS PVT. LTD., 1ST
              FLOOR, PENTA SQUARE, OPPOSITE KAVITHA THEATRE, M.G.ROAD,
              ERNAKULAM, COCHIN - 682 035.
 W.P.(C) No. 39999/2015             :2:

    9      MS.PAUL ALUKKAS BUILDERS PVT.LTD.,
           1ST FLOOR, PENTA SQUARE, OPPOSITE KAVITHA THEATRE, M.G.ROAD,
           ERNAKULAM, COCHIN - 682 035.
           BY ADVS.
           SRI.S.ANANTHAKRISHNAN
           SRI.N.K.SUBRAMANIAN
           SRI.P.MOHAMMED ANZARI




           R1,2 AND 4 TO 7 - SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER
           R7 & R8 SRI. S. ANANTHAKRISHNAN
           R3 BY SMT. V.P. REJITHA, 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. 39999/2015               :3:


                             SHAJI P. CHALY, J.
            ---------------------------------------------------------
                        W.P.(C). No. 39999 of 2015
             ---------------------------------------------------------
                 Dated this the 1st day of July, 2022.

                                JUDGMENT

The petitioner has filed this writ petition seeking the following

reliefs:

1. Issue a writ of mandamus or any other appropriate writ or order or direction and thereby direct the respondents 2 to 7 to take immediate steps to stop the illegal construction activities being done by the 8th and 9th respondents, their men and agents in property having 60 cents approximately lying immediately on the western side of the petitioner's property without development permit under Rules 4 and 5 of the Kerala Municipality Building Rules, 1999 and required Environmental clearance and permit from the Geologist and other authorities concerned.

2. However, today, when the matter is taken up for

consideration, Smt. Praseeda representing Smt. M. U. Vijayalakshmi,

the learned counsel for the petitioner on record, submitted that the

matter has become infructuous.

Accordingly, this writ petition is dismissed as infructuous.

sd/­ SHAJI P. CHALY, JUDGE.

Rv