C. M. Kunjumuhammed vs Maradu Municipality
2024 Latest Caselaw 32846 Ker

Kerala High Court

C. M. Kunjumuhammed vs Maradu Municipality on 13 November, 2024

                                                              2024:KER:85600
WP(C).NO.27232/2023

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946

                           WP(C) NO. 27232 OF 2023

PETITIONERS:

     1      C. M. KUNJUMUHAMMED, AGED 74 YEARS,
            S/O. MUHAMMAD,NIYAS MANZIL, NETTOR, PIN - 682040.

     2      MUHAMMAD NIYAS, AGED 50 YEARS,
            S/O. C. M. KUNJUMUHAMMED, NIYAS MANZIL, NETTOR,PIN
            682040.

            BY ADVS. M/S. DEEPU THANKAN, UMMUL FIDA,LAKSHMI
            SREEDHAR, LEKSHMI P. NAIR & NAMITHA K.M.


RESPONDENTS:

     1      MARADU MUNICIPALITY,
            MARADU, ERNAKULAM, PIN - 682304, REPRESENTED BY ITS
            SECRETARY.

     2      MUNICIPAL ENGINEER,
            MARADU MUNICIPALITY,ERNAKULAM, PIN - 682304.

     3      DISTRICT TOWN PLANNER,
            LSGD PLANNING, DPC SECRETARIAT BUILDING,4TH FLOOR,
            CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030.

            SRI.T.R.RAJAN, SC,MARADU MUNICIPALITY


     THIS   WRIT      PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
13.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2024:KER:85600
WP(C).NO.27232/2023

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                         MOHAMMED NIAS C. P. , J.
               ============================================
                         W. P. (C) No. 27232 of 2023
               ============================================
                 Dated this the 13th day of November, 2024


                               JUDGMENT

The learned counsel for the petitioners submits that the prayers in the

writ petition have become infructuous.

This is recorded.

The writ petition is dismissed as infructuous.

Sd/-

MOHAMMED NIAS C. P., JUDGE

MMG 2024:KER:85600

APPENDIX OF WP(C).NO.27232/2023

PETITIONERS' EXHIBITS:

EXHIBIT P-1 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MARADU DATED 05/04/2023

EXHIBIT P-2 A TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2023-24 REMITTED BY THE PETITIONERS DATED 04/04/20223

EXHIBIT P-3 A TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED TO THE PETITIONERS BY THE FIRST RESPONDENT MUNICIPALITY DATED 18/11/2021

EXHIBIT P-4 A TRUE COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT DATED 21/06/2023

EXHIBIT P-5 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECOND RESPONDENT IN FAVOUR OF THE FIRST PETITIONER DATED 12/07/2023

EXHIBIT P-6 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECOND RESPONDENT IN FAVOUR OF THE SECOND PETITIONER DATED 11/07/2023

EXHIBIT P-7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)NO.16737/2021 DATED 16/12/2021

EXHIBIT P-8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)NO.39727/2022 DATED 09/03/2023

RESPONDENTS' EXHIBITS:

EXHIBIT R(1)(A) TRUE COPY OF THE RELEVANT PAGES (5 PAGES) OF GO (MS) NO 143/07/LSGD DATED 31/5/2007