M.T.Suku vs The State Of Kerala
2022 Latest Caselaw 6894 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 13977 OF 2012
PETITIONER:

          M.T.SUKU
          S/O.M.K.THANKAPPAN, MUNDICHIRAYIL HOUSE, CHENGANNOOR,
          PUTHENKAVU.P.O., ALAPPUZHA DISTRICT - 689 123.
          BY ADV SRI.JIJO JOSEPH


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
          TRIVANDRUM - 695 001.
    2     THE DISTRICT COLLECTOR
          ALAPPUZHA DISTRICT - 688 001.
    3     THE REVENUE DIVISIONAL OFFICER
          CHENGANNOOR, ALAPPUZHA DISTRICT - 689 121.
    4     THE MULAKKUZHA GRAMA PANCHAYATH
          REP.BY ITS SECRETARY, ALAPPUZHA DISTRICT - 689 505.
          BY ADVS.

          SRI.V.MANOJ KUMAR
          SMT.VIDYA KURIAKOSE,     GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13977 OF 2012
                                    2




               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 13977 of 2012
      ----------------------------------------------
       Dated this the 14th day of June, 2022


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(a) Issue a writ of certiorari to quash that part of the order in Ext.P10, passed by the 4 th respondent rejecting the request for permission to level and remove the ordinary earth from the petitioners land in Mulakuzha village of Chengannoor Taluk.

(b) Issue a writ of Mandamus or other appropriate writ, order or direction directing the 2 nd , 3rd and 4th respondents to grant permission to the petitioner to level the land with the level of adjoining lands and permit to remove the earth in survey No.258/2, 258/3, 258/4 and 259/2-1 in re-survey Block No.17 in Mulakuzha village of Chengannoor Taluk, Alappuzha Dist..

(c) Issue a writ of Mandamus or other appropriate writ order or direction commanding the 2 nd respondent to take a decision on Ext.P13 and to grant permission to the petitioner to level the land with the level of adjoining lands and permit to remove the earth in survey No.258/2, 258/3, 258/4 and 259/2-1 WP(C) NO. 13977 OF 2012

in re-survey Block No.17 in Mulakuzha village of Chengannoor Taluk, Alappuzha Dist.

(d) Pass any other order or direction which this Hon'ble court may deem fit and proper to grant in the circumstances of the case."[SIC]

2. This Court admitted the writ petition on

15.06.2012 and notice was issued to the respondents.

Thereafter, this case is listed today for final hearing.

There is no representation for the petitioner also. The

counsel appearing for the 4th respondent submitted that

the prayers in the writ petition are infructuous. In the

light of the same, I think nothing survives in this case.

Therefore, this writ petition is dismissed as

infructuous.

Sd/-

                                         P.V.KUNHIKRISHNAN
DM                                              JUDGE