Writ petitioner sought quashing of an order to shift an electric post due to pending civil suits. Court found the matter became infructuous due to sale of property and lack of representation. Petition dismissed for non-prosecution.
Writ petition dismissed for non-prosecution due to sale of property and lack of representation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933
WP(C).No. 5427 of 2004(U)
PETITIONER:
KANDATHIL LAKSHMI, W/O. KANNAN, LAKSHMI NIVAS, POST MAYYIL, KANNUR DISTRICT.
BY ADV. .
RESPONDENTS:
BY GOVT. PLEADER SRI.M.R.SABU FOR R1 & R4 ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB FOR R2 SRI.K.V.SOHAN FOR R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R.RAMACHANDRA MENON,J
W.P.(C) No. 5427 OF 2004
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“(a) issue a writ of certiorari or any other appropriate writ or order calling for the records leading to Ext.P3 and quash the same.
(b) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider Ext.P4 representation and restrain the 2nd respondent to take any steps for shifting the electric post from its existing position.
(c) declare that there are civil suits pending between the parties about the disputed property and hence Ext.P3 order for shifting the electric post is not permissible at this time.
(d) grant such other reliefs prayed for from time to time including cost of this proceedings.”
In the said circumstance, the writ petition is dismissed for non-prosecution.
P.R.RAMACHANDRA MENON, JUDGE
ttb
1 issue framed by the court
Whether the writ petition is maintainable given the sale of the property and lack of prosecution.
Kandathil Lakshmi
State of Kerala
K.S.E.B.
T.V. Muhammed Kunhi
District Collector
P.R.Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
