The court dismissed the writ petition as infructuous because the petitioner had already received an order on the filed appeal by the third respondent on 26.06.2018, rendering the relief sought to direct hearing unnecessary.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940
WP(C).No. 23758 of 2018
PETITIONER/S:
K.BALAKRISHNA MENON
S/O A.PARAMESWARA PANICKER,C1-54,GITANJALI NAGAR,INDIRA NAGAR,KADAVANTRA,KOCHI-20.
BY ADVS.
SRI.A.B.MOHANAKUMAR
SRI.A.CHANDRA BABU
RESPONDENT/S:
1 THE CORPORATION OF KOCHI REPRESENTED BY THE SECRETARY,KOCHI CORPORATION OFFICE,MARINE DRIVE,KOCHI-682016.
2 HEALTH INSPECTOR CIRCLE 12,KOCHI CORPORATION OFFICE,MARINE DRIVER,KOCHI-682016.
3 SUDHA RAJAGOPAL VANAMALI,957/778,C1-55,INDIRA NAGAR,KOCHI-682020.
BY ADVS.
P.K. SOYUZ (NO MEMO) SRI.RAJU SEBASTIAN VADAKKEKARASCCOCHI SRI.S.KRISHNA MOORTHY(ERNAKULAM)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23758 of 2018 5
JUDGMENT
This writ petition is filed seeking the
following relief:-
(I) A writ of Mandamus or other appropriate writ, order or direction, directing the 1st respondent to hear Exhibit P4 appeal memorandum on merits and dispose it of with a speaking order;
the petitioner in the writ petition to the effect that no action is initiated pursuant to Ext.P4 appeal filed by the petitioner before the 1st respondent that is the Corporation of Kochi. The 3rd respondent herein has filed a detailed counter affidavit and has produced Ext.R3E from where, I am satisfied that an order was passed in the appeal filed by the petitioner as early as on 26.06.2018.
writ petition has virtually becomes infructuous and therefore there is no point in retaining this writ petition before this Court. Therefore after hearing
WP(C).No. 23758 of 2018 5
respective counsel, this writ petition is dismissed as infructuous, leaving open the liberty of the petitioner to challenge the order passed in appeal if advised so.
Sd/-
SHAJI P.CHALY JUDGE
hmh
WP(C).No. 23758 of 2018 5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 28.09.2017 ISSUED THE PETITIONER FROM THE KOCHI MUNICIPAL CORPORATION. EXHIBIT P2 TRUE COPY OF THE REPLY DATED 19.10.2017 EXHIBIT P3 TRUE C0PY OF THE ORDER DATED 09.02.2018 OF THE ADDITIONAL SECRETARY,KOCHI CORPORATION EXHIBIT P4 TRUE COPY OF THE APPEAL MEMORANDUM DATED 21.03.2018 EXHIBIT P5 TRUE COPY OF THE NOTICE OF INTIMATION DATED 28.06.2018 ISSUED TO THE PETITIONER FROM THE KOCHI MUNICIPAL CORPORATION. EXHIBIT P6 TRUE COPY OF THE NOTICE NO.MOH8/34975/2017 DATED 28.09.2018, ASKING THE ORIGINAL PETITIONER TO CUT AND REMOVE THE COCONUT TREE STANDING ON HIS COMPOUND WITHIN 7 DAYS OF THE RECEIPT.
RESPONDENT'S EXHIBIT
EXHIBIT R3-A A TRUE COPY OF THE NOTICE ISSUED BY THE HEALTH OFFICER DATE 26.10.2017 EXHIBIT R3-B TRUE COPY OF THE NOTICE ISSUED BY THE HEALTH OFFICER OF THE KOCKI MUCINIPAL CORPORATION ON 01.12.2017 EXHIBIT R3-C TRUE COPY OF THE NOTICE ISSUED BY THE ADDITIONAL SECRETARY OF KOCHI MUNICIPAL CORPORATION DATED 26.05.2018 EXHIBIT R3-D TRUE COPY OF THE NOTICE ISSUED BY THE ADDITIONAL SECRETARY OF KOCHI MUNICIPAL CORPORATION DATED 26.05.2018 EXHIBIT R3-E TRUE COPY OF THE NOTICE ISSUED BY THE ADDITIONAL SECRETARY OF KOCHI MUNICIPAL
WP(C).No. 23758 of 2018 5
CORPORATION DATED 26.06.2018.
EXHIBIT R3-F TRUE COPY OF THE ORDER OF THE SUB.COLLECTOR DATED 27.11.2017 EXHIBIT R3-G A TRUE COPY OF THE PHOTOGRAPH OF THE COCONUT TREE FROM THE PETITIONERS PROPERTY LEANING TOWARDS RESPONDENT PROPERTY. EXHIBIT R3-H TRUE COPY OF THE PHOTOGRAPH SHOWNING COCONUTS AND OTHER DRY WASTES NEAR THE “THULSAITHARA” IN THE RESPONDENT'S PREMISES.
//True copy//
PA to Judge
K.BALAKRISHNA MENON
THE CORPORATION OF KOCHI
HEALTH INSPECTOR CIRCLE 12
SUDHA RAJAGOPAL VANAMALI
SHAJI P.CHALY
As recorded by the court registry
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