Petitioners filed a writ petition against municipal authorities regarding bus shelter relocation. The petition was dismissed as withdrawn without prejudice after the authorities agreed to relocate the proposal.
Writ petition dismissed as withdrawn without prejudice. Court left open all contentions for fresh litigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931
WP(C).No. 13242 of 2009(A)
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PETITIONER(S):
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1. MOOSA HAJI,KARIMPANAKKA HOUSE, MATTATHUR.PO,KOTTAKKAL,MALAPPURAM.
2. THOTTOLI ABDUL AZIZ,AGED 47 YEARS,
3. MUHAMMADALI MUSALIYAR, KARIMPANAKKAL HOUSE, KAIPATTA, MATTATHUR.PO, KOTTAKKAL, MALAPPURAM DISTRICT.
BY ADV. MR.SAJEEV KUMAR K.GOPAL
RESPONDENT(S):
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1. MALAPPURAM MUNICIPALITY REPRESENTED BY ITS SECRETARY.
2. SECRETARY,MALAPPURAM MUNICIPALITY.
3. REGIONAL TRANSPORT AUTHORITY, MALAPPURAM.
R3 BY GOVERNMENT PLEADER R1 & R2 BY ADV. MR.ABDUL MAJEED.N
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13242/2009-A
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE PHOTOGRAPHS WHICH SHOWS EXISTENCE OF THE PETITIONER'S BUILDING AND EXISTING MUNICIPAL WAITING SHED CUM COMFORT STATION.
EXT.P2: COPY OF THE ROUGH SKETCH SHOWING THE EXISTING BUS STOP, PETITIONERS BUILDING AND THE PROPOSED BUS SHELTER.
EXT.P3: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT.
EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE MERCHANTS TO THE MUNICIPALITY.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
rs.
THOTTATHIL B.RADHAKRISHNAN, J.
W.P(C).No.13242 OF 2009
Dated this the 16th day of June, 2009
JUDGMENT
Learned counsel for the petitioners states that after the institution of this writ petition, the Municipal Authorities has decided to re-locate its proposal regarding the bus shelter and that this writ petition may, therefore, be dismissed leaving open all contentions and without prejudice to institution of fresh writ petition. These submissions are recorded and accepted and the writ petition is dismissed as withdrawn without prejudice.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge.
kkb.16/6.
MOOSA HAJI AND OTHERS
MALAPPURAM MUNICIPALITY
REGIONAL TRANSPORT AUTHORITY, MALAPPURAM
THOTTATHIL B.RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
