Kerala High Court

K.A. Lona vs State Of Kerala on 8 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
                      WP(C) NO. 19960 OF 2015
PETITIONER:

            K.A. LONA
            AGED 62 YEARS
            S/O.KAVALAKKAT ANTHAPPAN,
            RESIDING AT FATHIMA CONVENT ROAD, OLLUR PO,
            THRISSUR DISTRICT, PIN CODE-680 306.
            BY ADV SRI.SURAJ.S

RESPONDENTS:

       1    STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
            LOCAL SELF GOVERNMENT, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.
       2    THE THRISSUR CORPORATION
            REPRESENTED BY ITS SECRETARY, VELIYANNUR,
            THRISSUR-680001.
       3    THE ASSISTANT ENGINEER
            THRISSUR CORPORATION, OLLUR ZONAL OFFICE,
            OLLUR, THRISSUR-680 306.
       4    LIMSON
            AGED 44 YEARS
            S/O.KUNJIPAVU, RESIDING AT PERAKADAN HOUSE,
            FATHIMA CONVENT ROAD, OLLUR, THRISSUR-680 306.
       5    MEENA LIMSON
            W/O.LIMSON, RESIDING AT PERAKADAN HOUSE,
            FATHIMA CONVENT ROAD, OLLUR, THRISSUR-680 306
            BY ADVS.SRI.B.S.SYAMANTAK, GP
            SRI. SANTHOSH P.PODUVAL, SC, CORPORATION
            SMT.P.K.PRIYA


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    08.02.2024,   ALONG   WITH   WP(C).32875/2016   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

                                      2




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
                        WP(C) NO. 16466 OF 2016


PETITIONERS:

     1          LIMPSON
                AGED 50 YEARS, S/O.PAVUNNI,
                RESIDING AT PEREKKADAN HOUSE,OLLUR PO,
                THRISSUR DISTRICT 680306
     2          MEENA LIMPSON
                AGED 42 YEARS, W/O.LIMPSON,
                RESIDING AT PEREKKADAN HOUSE,OLLUR PO,
                THRISSUR DISTRICT 680306
                BY ADV SMT.P.K.PRIYA

RESPONDENTS:

     1          THE CORPORATION OF THRISSUR
                REPRESENTED BY ITS SECRETARY 680001
     2          THE EXECUTIVE ENGINEER
                DEPARTMENT OF LOCAL SELF GOVERNMENT,
                THRISSUR CORPORATION, PIN 680001
     3          ASSISTANT ENGINEER
                OLLUR ZONAL OFFICE,
                THRISSUR CORPORATION 680001
                BY ADV SRI. SANTHOSH P.PODUVAL, SC, CORPORATION


         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 08.02.2024, ALONG WITH WP(C).19960/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

                                    3



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
                      WP(C) NO. 32875 OF 2016
PETITIONER:

            MEENA LIMPSON
            AGED:42 YEARS, W/O LIMPSON,
            RESIDING AT PEREKKADAN HOUSE, OLLUR.P.O,
            THRISSUR DISTRICT-680306
            BY ADV SMT.P.K.PRIYA

RESPONDENTS:

     1   THE CORPORATION OF THRISSUR
         REPRESENTED BY ITS SECRETARY-680001
    2    THE EXECUTIVE ENGINEER
         DEPARTMENT OF LOCAL SELF GOVERNMENT,
         THRISSUR CORPORATION-680001
    3    ASSISTANT ENGINEER
         OLLUR ZONAL OFFICE, THRISSUR CORPORATION-680001
 ADDL.R4 K.A. LONA
         AGED 62 YEARS
         S/O.KAVALAKKAT ANTHAPPAN,
         RESIDING AT FATHIMA CONVENT ROAD, OLLUR PO,
         THRISSUR DISTRICT, PIN CODE-680 306.

            IS IMPLEADED AS PE ORDER DATED 27.10.16 IN
            IA16397/16
            BY ADVS.SRI. SANTHOSH P.PODUVAL, SC,CORPORATION
            SRI.A.K.ANOOP
            SRI.BALAKRISHNAN GOPINATH


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, ALONG WITH WP(C).19960/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

                                    4



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
                      WP(C) NO. 39756 OF 2016
PETITIONERS:

     1      LIMPSON
            AGED 50 YEARS
            S/O.PAVUNNI, RESIDING AT PEREKKADAN HOUSE,
            OLLUR P.O., THRISSUR DISTRICT 680 306.
     2      MEENA LIMPSON
            AGED 42 YEARS
            W/O.LIMPSON, RESIDING AT PEREKKADAN HOUSE,
            OLLUR P.O., THRISSUR DISTRICT 680 306.
            BY ADV SMT.P.K.PRIYA

RESPONDENTS:

     1      THE CORPORATION OF THRISSUR
            REPRESENTED BY ITS SECRETARY 680 001.
     2      THE EXECUTIVE ENGINEER
            DEPARTMENT OF LOCAL SELF GOVERNMENT,
            THRISSUR CORPORATION 680 001.
     3      ASSISTANT ENGINEER
            OLLUR ZONAL OFFICE,
            THRISSUR CORPORATION 680 001.
     4      HEALTH INSPECTOR
            INFORMATION OFFICER, OLLUR ZONAL OFFICE,
            THRISSUR CORPORATION 680 001
     5      K.A.LONA
            S/O.KAVALAKKAT ANTHAPPAN FATHIMA CONVENT ROAD,
            OLLUR P.O., THRISSUR 680 306.
     6      LILLY LONA
            W/O.K.A.LONA KAVALAKKAT HOUSE, FATHIMA CONVENT
            ROAD, OLLUR P.O., THRISSUR 680 306.
            BY ADVS.SRI. SANTHOSH P.PODUVAL, SC, CORPORATION
            SRI.A.K.ANOOP
            SRI.BALAKRISHNAN GOPINATH
 WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

                                    5




      THIS    WRIT    PETITION    (CIVIL)     HAVING   COME   UP   FOR
ADMISSION ON 08.02.2024, ALONG WITH WP(C).19960/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

                                    6




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                  W.P.(C).No.19960 of 2015 &
         W.P.(C).Nos.16466, 32875 & 39756 of 2016
              ----------------------------------------------
          Dated this the 08th day of February, 2024


                            JUDGMENT

The counsel for the petitioners submitted that there

is no surviving grievance to the petitioners and therefore

these writ petitions may be closed.

Therefore, these writ petitions are closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

APPENDIX OF WP(C) 16466/2016

PETITIONER EXHIBITS P1 THE TRUE COPY OF THE SALE DEED NO.

1283/2002 OF SRO, THRISSUR P2 THE TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED 24.03.2011 P3 THE TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS P4 THE TRUE COPY OF THE PHOTOGRAPHS OF THE ALLEGED UNAUTHORIZED CONSTRUCTION 2 NOS P5 THE TRUE COPY OF THE INTIMATION DATED 08.04.2016 SENT BY THE 3RD RESPONDENT TO THE PETITIONER WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

PETITIONER EXHIBITS P1 :A TRUE COPY OF THE JUDGMENT IN OS.NO.2642 OF 2012 DATED 29-3-2012 OF THE MUNSIFF'S COURT, THRISSUR. P2 :A TRUE COPY OF THE NOTICE NO.OLR/PW/2172/2015 DATED 13-5-2013 ISSUED BY THE 3RD RESPONDENT. P3 :A TRUE COPY OF THE ORDER NO.OLR/PW/2172/2015 DATED 13-5-2015 ISSUED BY THE 3RD RESPONDENT. P4 :A TRUE COPY OF THE ORDER NO.OLR/RIA/ENG/103/2014-15 DATED 15-6- 2015 RECEIVED BY THE PETITIONER. WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

APPENDIX OF WP(C) 39756/2016

PETITIONER EXHIBITS EXT.P1 THE TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT EXT.P2 THE TRUE COPY OF REPLY DATED 31/8/2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER EXT.P3 THE TRUE COPY OF APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT EXT.P4 THE TRUE COPY OF REPLY DATED 30/9/2015 SENT TO THE PETITIONER ISSUED BY THE RESPONDENT EXT.P5 THE TRUE COPY OF APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD EXT.P6 THE TRUE COPY OF REPLY DATED 18/9/2015 SENT TO THE PETITIONER ISSUED BY THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD EXT.P7 THE TRUE COPY OF APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE EXECUTIVE ENGINEER, KSEBB, OLLUR EXT.P8 THE TRUE COPY OF REPLY ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, KSEB, OLLUR TO THE PETITIONER DATED 29/10/2015 EXT.P9 THE TRUE COPY OF PHOTOGRAPHS EXT.P10 THE TRUE COPY OF REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 25/11/2015 WP(C).No.19960 of 2015,16466, 32875 & 39756 of 2016

APPENDIX OF WP(C) 32875/2016

PETITIONER EXHIBITS P1 THE TRUE COPY OF THE PHOTOGRAPH OF THE ALLEGED UNAUTHORIZED CONSTRUCTION P2 THE TRUE COPY OF THE ORDER DATED 26/7/2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER P3 THE TRUE COPY OF THE INFORMATION DATED 11/8/2014 ISSUED BY THE 3RD RESPONDENT P4 THE TRUE COPY OF THE INFORMATION SENT BY THE 3RD RESPONDENT