Fayis vs The District Collector, ...
2022 Latest Caselaw 10434 Ker

W.P.(C) No.17923/2019                       1




                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

               FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944

                                 WP(C) NO. 17923 OF 2019

PETITIONER:

               FAYIS
               AGED 26 YEARS
               S/O.K.ABDUL LATHEEF, FAYIS MAHAL, KAMMILTHAZHAM, ATHOLI,
               KOZHIKODE-673 315.
               BY ADVS.
               T.G.RAJENDRAN
               SRI.T.R.TARIN
               SRI.V.A.VINOD


RESPONDENTS:

     1         THE DISTRICT COLLECTOR, KOZHIKODE,
               PIN-673 571.
     2         THE REVENUE DIVISIONAL OFFICER,
               VADAKARA, KOZHIMODE-673 103.
     3         THE VILLAGE OFFICER, ATHOLI VILLAGE OFFICE,
               KOZHIKODE-673 315.
     4         THE TAHSILDAR, KOYILANDY TALUK OFFICE,
               KOZHIKODE-673 305.
     5         ATHOLI GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY, ATHOLI, KOZHIKODE-673 315.
     6         THE SECRETARY, ATHOLI GRAMA PANCHAYATH,
               ATHOLI, KOZHIKODE-673 315.
     7         LOCAL LEVEL MONITORING COMMITTEE,
               ATHOLI GRAMA PANCHAYATH REPRESENTED BY AGRICULTURAL OFFICER,
               KRISHI BHAVAN, ATHOLI, KOZHIKODE-673 315.

               R1 TO R4 & R7 BY SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER

      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.17923/2019                       2




                                    JUDGMENT

Dated this the 7th October, 2022

This writ petition is filed by the petitioner seeking the following reliefs:

a) Issue a writ of mandamus or any appropriate writ, order or

direction, directing the 6th respondent to accept application for

building permit and grant building permit for construction of

residential building in 4.5 ares of property in survey No.89/1 of Atholi

Village, Koyilandy Taluk in Kozhikode District, without any further

delay.

b) Grant such other reliefs prayed for from time to time including

cost of these proceedings.

2. However, today when the matter is taken up, Adv.Smt.Arya Ashokan,

representing learned counsel for petitioner Sri.T.G.Rajendran, submitted that the writ

petition has become infructuous.

Submission recorded and the writ petition is dismissed as infructuous.

Sd/-

                                                      SHAJI P.CHALY

smv                                                         JUDGE