Citation : 2022 Latest Caselaw 2344 Ker
Judgement Date : 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
WP(C) NO. 6359 OF 2019
PETITIONER/S:
P.M.SIVANANDAN
PANDIKASALAKKAL HOUSE,
TATA PIPELINE ROAD,
PANAKKAPADAM, KOCHI - 682 018.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.MUHAMMED IBRAHIM ABDUL SAMAD
SRI.SABU PULLAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD,
ERNAKULAM, KOCHI - 682 030.
2 THE CORPORATION OF KOCHI
REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE,
ERNAKULAM, KOCHI - 682 011.
3 THE MAYOR, CORPORATION OF KOCHI,
CORPORATION OFFICE, ERNAKULAM,
KOCHI - 682 011.
4 THE GREATER COCHIN DEVELOPMENT AUTHORITY,
REPRESENTED BY ITS SECRETARY,
G.C.D.A.OFFICE, KADAVANTHRA,
KOCHI - 682 020.
W.P(C).6359/2019
2
5 THE SECRETARY,
POORVAOCEANA APARTMENT OWNERS ASSOCIATION,
ABRAHAM MADAMAKKAL ROAD,
ERNAKULAM, KOCHI - 682 031.
BY ADVS.
R1 BY SRI. V.TEKCHAND SR. GOVERNMENT PLEADER
R2 & 3 BY SMT. SARINA GEORGE, STANDING COUNSEL
R4 BY SMT.MINI.V.A., STANDING COUNSEL
R5 BY SRI.T.O.XAVIER
SRI.K.P.RAMACHANDRAN (THIRUMARADI)
SMT.V.SETHUKUTTY AMMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).6359/2019
3
JUDGMENT
Dated this the 2nd day of March, 2022
S. Manikumar, CJ.
Instant writ petition is filed for the following reliefs:
"i. To issue a Writ of Mandamus or order or direction to the respondents 2 to 4 to take appropriate action for removing the waste treatment plant installed by the 5th respondent at the side of the walkway of Marine Drive touching 'Kettuvallam' so as to abate the public nuisance;
ii. To issue a Writ of Mandamus or order or direction to the 2nd respondent to consider and take appropriate action on Ext. P1 as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court;
iii. To issue a Writ of Mandamus or order or direction to respondents 2 to 4 to see that the waste treatment plant installed by the 5th respondent adjacent to the Marine Drive walkway touching 'Kettuvallam' forthwith so as to prevent the public nuisance."
2. On this day, when the matter came up for hearing, on behalf
of learned counsel for the petitioner, submission has been made by Mr.
Gokul D. Sudhakaran that writ petition has become infructuous.
W.P(C).6359/2019
Placing on record the said submission, writ petition is dismissed
as infructuous.
Sd/-
S. Manikumar, Chief Justice
Sd/-
Shaji P. Chaly, Judge sou.
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