Radha vs Thiruvananthapuram Corporation
2024 Latest Caselaw 16049 Ker

Kerala High Court

Radha vs Thiruvananthapuram Corporation on 7 June, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

           FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946

                          WP(C) NO. 2686 OF 2021

PETITIONER/S:
      1     RADHA
            AGED 35 YEARS
            D/O.AMBHUJAKSHI, VARABIL VEEDU, THAMBURANNADA JN., ATTIPRA
            VILLAGE, THIRUVANANTHAPURAM-695011.

     2      JAYAKUMARI,
            D/O.AMBHUJAKSHI, VARABIL VEEDU, THAMBURANNADA JN.,
            ATTIPRA VILLAGE, THIRUVANANTHAPURAM-695011.

            BY ADV M.R.SARIN


RESPONDENT/S:
      1     THIRUVANANTHAPURAM CORPORATION
            VIKAS BHAVAN LMS, VELLAYAMBALAM RD, OPP.UNIVERSITY OF KERALA
            SENATE HOUSE CAMPUS, THIRUVANANTHAPURAM-695033, REPRESENTED BY
            ITS SECRETARY.

     2      THE MINOR IRRIGATIONS CHIEF ENGINEER,
            MINOR IRRIGATION DEPARTMENT, PLAMOOD RD, MAHATHMA GANDHI RD,
            THIRUVANANTHAPURAM-695004.

     3      THE MINOR IRRIGATIONS ASST.ENGINEER,
            MINOR IRRIGATION DEPARTMENT, PLAMOOD RD, MAHATMA GANDHI RD,
            THIRUVANANTHAPURAM-695004.

     4      DETLA GOLD AND DIAMONDS PVT.LTD.,
            DELTA C, FOREST C LANE, VAZHUTHANCADU, THYCADU P.O.,
            THIRUVANANTHAPURAM-695014, REPRESENTED BY MANAGING DIRECTOR.

            BY ADVS.
            SRI.N.NANDAKUMARA MENON (SR.)
            SRI.K.R.VINOD
            SRI.P.K.MANOJKUMAR
            SMT.M.S.LETHA



            SMT.K.B.SONY-GP.SRI.SUMAN CHAKRAVARTHY-SC




      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.06.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.2686 of 2021

                                      2




                               JUDGMENT

The learned counsel for the petitioners submitted that

the matter has become infructuous.

Accordingly, the writ petition is dismissed as

infructuous.

Sd/-

M.A.ABDUL HAKHIM JUDGE Shg W.P.(C)NO.2686 of 2021

APPENDIX OF WP(C) 2686/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF AN APPROVED LAYOUT PLAN FOR THE CONSTRUCTION OF THE SAID BRIDGE.

EXHIBIT P2 PHOTOGRAPH OF THE SITE WHERE THE BRIDGE IS TO BE CONSTRUCTED.

EXHIBIT P3 THE REPRESENTATION LETTER DATED 11.02.2019 FILED BY THE PETITIONERS HEREIN BEFORE THE MINOR IRRIGATIONS CHIEF ENGINEER, THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION LETTER DATED 11.01.2021 FILED BY THE PETITIONERS HEREIN BEFORE THE THIRUVANANTHAPURAM CORPORATION SECRETARY.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION LETTER DATED 11.01.2021 FILED BY THE PETITIONERS HEREIN BEFORE THE MINOR IRRIGATIONS ASST.ENGINEER, THIRUVANANTHAPURAM.

RESPONDENTS' EXTS

EXT.R4(A) COPY OF THE SURVEY SKETCH SHOWING THE LIE AND NATURE OF THE PROPERTIES OWNED BY THE PETITIONERS, THE PROPERTIES OWNED BY THE 4TH RESPONDENT, THE PROPOSED BRIDGE, THE PATHWAY AVAILABLE TO THE PETITIONERS ABUTTING TO NATIONAL HIGHWAY AND THE NATIONAL HIGHWAY

EXT.R4(B) COPY OF THE ORDER DATED 26.8.2020 BY WHICH NO OBJECTION CERTIFICATE WAS GRANTED IN FAVOUR OF 4TH RESPONDENT

EXT.R4(C) COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE THIRUVANANTHAPURAM CORPORATION DATED 25.9.2018

EXT.R4(D) COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT DATED 28.1.2021 ADDRESSED TO THE PETITIONERS