Koyakutty vs The Assistant Engineer
2023 Latest Caselaw 1462 Ker

W.P.(C) No.11177 of 2015              1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                           WP(C) NO. 11177 OF 2015
PETITIONER:

             KOYAKUTTY
             KARAVATTUVEEDU,VENDUVAZHI,KOTHAMANGALAM
             BY ADV SRI.P.K.MUHAMMED


RESPONDENTS:

     1       THE ASSISTANT ENGINEER
             PERIYAR VALLEY IRRIGATION PROJECT,SUB-DIVISION
             NO.1,BHOOTHATHANKETTU,KOTHAMANGALAM-686 691
     2       THE DISTRICT COLLECTOR
             ERNAKULAM,CIVIL STATION,KAKKANAD 682 024
  ADDL.R3    REVENUE DIVISIONAL OFFICER
             MUVATTUPUZHA.
             ADDL.R3 IS IMPLEADED AS PER ORDER DATED 25.5.2015 IN
             I.A.NO.5535/2015
             BY ADV.SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.11177 of 2015                    2




                                    JUDGMENT

Dated this the 20th day of January, 2023

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

(i) issue a writ of certiorari or other appropriate writ, order or direction to call for the records relating to the case and to quash Exhibits P6 and P9.

(ii) issue appropriate direction to the 2nd respondent to consider and dispose of Exhibits P10 and P11 in accordance with the provisions of law.

(iii) Grant the petitioner such other and further reliefs which this Hon'ble Court deems just and fit under the circumstances of the case, and

(iv) Award the cost of the writ petition from the respondent.

2. The contention advanced by the petitioner is that the eviction sought

against the petitioner on the ground that the petitioner has encroached into a

public land cannot be sustained under law.

3. Anyhow, today when the matter was taken up, learned counsel for

petitioner Sri.P.K.Muhammed, submitted that during the pendency of this writ

petition, measurement was carried out and appropriate inspection was conducted

and it was found that there is no encroachment. It is further submitted that in view

of the subsequent development, the writ petition has become infructuous.

Therefore, the writ petition is dismissed as infructuous, as recorded above.

Sd/-

                                                  SHAJI P.CHALY

smv                                                    JUDGE