V.P.Sithalavikoya Thangal vs Kozhikode Corporation
2022 Latest Caselaw 8368 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. 18808 OF 2016


PETITIONER:

              V.P.SAITHALAVIKOYA THANGAL, S/O. KUNHIKOYA THANGAL,AGED 57,
              V.P. MANSION,T.P. KUMARAN NAIR ROAD, P.O. CHEVAYUR, KOZHIKODE.

              BY ADVS.SRINATH GIRISH
              V.NAMITHA



RESPONDENT:

              KOZHIKODE CORPORATION, CORPORATION OFFICE, BEACH ROAD,
              KOZHIKODE-673 023, REPRESENTED BYITS SECRETARY.

              BY ADVS.SRI.K.D.BABU,SC,KOZHIKODE CORPORATION




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18808 OF 2016
                                         :: 2 ::



                                     JUDGMENT

Dated this the 1st day of July 2022

Petitioner is the owner of a multi-storied commercial building

situated in Re.SyNo.705, 707P in Ward No.2 of Katchery village,

Eranhipalam, Kozhikode. Reliefs sought for in this writ petition are as

follows:

(i) issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondent to undertake the work of reconstruction of the drain adjoining the petitioner's property without obstructing in any manner, the flow of rainwater from the petitioner's property to the said drain;

(ii) in the alternative, issue a writ of mandamus, or any other appropriate writ, direction or order commanding the respondent to stop the present work of reconstruction of the drain on the adjoining portion of the petitioner's property.

2. On this day, when the matter is taken up for consideration,

Smt.V.Namitha, learned counsel appearing for the petitioner submitted

that the writ petition has become infructuous.

Recording the submission of the learned counsel for the petitioner,

this writ petition is dismissed as infructuous.

SD/-

SHAJI P. CHALY JUDGE jes