Saleesh vs Christ Educational Charitable ...
2022 Latest Caselaw 3475 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                     &

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944

                          WP(C) NO. 8166 OF 2016

PETITIONER/S:

            SALEESH
            AGED 31 YEARS
            S/O.THIRUTHOOKARAN CHANDRAN, MODADEY DESOM,
            VELLIKULANGARA VILLAGE, THRISSUR DISTRICT
            BY ADV SRI.T.N.MANOJ


RESPONDENT/S:

     1      CHRIST EDUCATIONAL CHARITABLE TRUST,
            IRINJALAKUDA VILLAGE AND DESOM, MUKUNDAPURAM TALUK,
            IRINJALAKUDA MUNICIPALITY, THRISSUR DISTRICT 680 121.
     2      CHRIST EDUCATIONAL CHARITABLE TRUST,
            IRINJALAKUDA VILLAGE, AND DESOM, MUKUNDAPURAM TALUK,
            IRINJALAKUDA MUNICIPALITY, THRISSUR DISTRICT, REP BY ITS
            PRESIDENT 680121.
     3      IRINJALAKUDA MUNICIPALITY
            REP BY ITS SECRETARY, IRINJALAKUDA P O, 680 121.
     4      THE DISTRICT TOWN PLANNER
            O/O.THE DISTRICT TOWN PLANNER , THRISSUR 680 001.
     5      THE CHIEF TOWN PLANNER
            O/O.THE CHIEF TOWN PLANNER, 2ND FLOOR, SWARAJ BHAVAN,
            NANDANKODE, KOWDIAR P O, THIRUVANANTHAPURAM 695 002.
     6      THE SECRETARY,
            DEPARTMENT OF LOCAL ADMINISTRATION,
            THIRUVANANTHAPURAM 695 001.
            BY ADVS.
            SRI.TONY GEORGE KANNANTHANAM
            R4 TO R6 BY SRI. V. TEK CHAND, SR. GOVERNMENT PLEADER
            R3 BY SRI.K.K.CHANDRAN PILLAI (SR.)
            SMT. AMBILY S



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

     22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8166/2016                     :2:




              Dated this the 22nd day of March, 2022.

                                 JUDGMENT

S. MANIKUMAR,CJ.

The petitioner has filed this writ petition seeking the following

reliefs:

1. Appropriate writ, order or direction commanding respondents 3, 4, 5 to take appropriate action under the Building Rules to order demolition of that portion of the constructions of the Engineering college made by respondents 1 & 2 in survey No. 241/1 of Irinjalakuda Village without any approved plan and sketch, from the 3 rd and 5th respondent within an extent of 10 Acre of property.

2. Appropriate writ, order or direction commanding respondents 3, 4,5 not to regularise the constructions of the Engineering College made by respondents 1 & 2 in survey No. 241/1 of Irinjalakuda Village, constructed by them without any approved plan and sketch from the 3 rd and 5th respondent.

3. Appropriate writ, order or direction commanding the 3 rd respondent not to allot number to the building of the Engineering College constructed by respondents 1& 2 in survey No. 241/1 of Irinjalakuda Village, within an extent of 10 Acre of property without any approved plan and sketch from the 3rd and 5th respondents.

2. The matter pertains to construction of buildings

unauthorizedly by respondent Nos. 1 and 2.

3. However, on this day, when the matter came up for hearing,

Mr. Manoj T. N., learned counsel for the petitioner, submitted that the

writ petition has become infructuous.

Placing on record the aforesaid submission, this writ petition is

dismissed as infructuous.

sd/-

S. MANIKUMAR, CHIEF JUSTICE.

sd/-

SHAJI P. CHALY, JUDGE.

Rv