Dismissed

Lalitha C v. the National Highway Authority

Kerala HC22 Nov 2018WP(C)/24262/2018

Case brief

AI extract

What is this about?

Petitioner challenged a demolition notice and sought direction to refrain from survey/demolition. Petitioner submitted that encroachment was removed and matter became infructuous. Court dismissed the petition as infructuous following counsel's submission.

What did the court decide?

Writ petition (civil) dismissed as infructuous. Implicitly directed to consider objection and refrain from demolishing the building.

Lalitha C Vs the National Highway Authority — Landlord and Tenant | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

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WP(C).No. 24262 of 2018

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PETITIONER/S:

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LALITHA C W/O.UDAYAKUMAR, SANKARA MANGALATHU VEEDU, KAZHUTHURITTY, ARYANKAVU VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT.

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BY ADVS. SRI.SUBHASH CYRIAC SMT.SHEEBA JOSEPH SRI.S.SREEJITH (S-3453)

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RESPONDENT/S:

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*1 THE NATIONAL HIGHWAY AUTHORITY

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G 5 & 6 SECTOR 10 DWARAKA, NEW DELHI -110075.

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*** R1 IS DELETED FROM THE RESPONDENT ARRAY AS PER ORDER DATED 22.11.2018**

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2 THE EXECUTIVE ENGINEER HIGHWAY AUTHORITY, N.H SUB - DIVISION, PUNALUR.P.O., KOLLAM DISTRICT -691 305.

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3 THE ASSISTANT EXECUTIVE ENGINEER HIGHWAY AUTHORITY, N.H. SUB DIVISION, PUNALUR.P.O., KOLLAM DISTRICT -691 305.

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BY ADVS.

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SRI.M.V.KINI AND CO., SC, NHAI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.24262/2018

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ALEXANDER THOMAS, J. ------------------------------------------W.P.(C)No.24262 of 2018

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JUDGMENT

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The prayers in this Writ Petition (Civil)

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are as follows:

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“i) Issue writ of certiorari or other appropriate writ or direction and quash Exhibit.P4

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ii) Issue writ of mandamus or other appropriate writ or direction to the 2^nd and 3^rd Respondents to consider Exhibit P5 objection and refrain from demolishing any portion of the building bearing Nos.APX15 & APX16 of Aryankavu Gramapanchayat, belonging to the Petitioner and her husband.”

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2. Sri. Subhash Syriac, the learned counsel appearing for the petitioner would submit on the basis of the instructions that pursuant to

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Ext.P5 objections, the competent authorities concerned had conducted a survey with notice to the petitioner and only a minor encroachment was disclosed and the said encroachment has been duly removed by the petitioner and that the matter may

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W.P.(C)No.24262/2018

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be closed as infructuous.

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In the light of the submission made on behalf of the petitioner, the above Writ Petition (civil) will stand dismissed as infructuous.

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ALEXANDER THOMAS, JUDGE.

acd

W.P.(C)No.24262/2018

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1TRUE COPY OF THE SETTLEMENT DEED NO.1421/2001 OF SRO, PUNALUR EXECUTED BY DAKSHYANI. EXHIBIT P2- (A) TRUE COPY OF THE BUILDING TAX RECEIPTS DATED18/03/2016 ISSUED BY ARYANKAVU GRAMA PANCHAYAT. EXHIBIT P3TRUE COPY OF THE TAX RECEIPT DATED 24/05/2018 ISSUED BY VILLAGE OFFICER, ARYANKAVU. EXHIBIT P4TRUE COPY OF THE NOTICE DATED 05/07/2018 ISSUED BY 3RD RESPONDENT TO THE PETITIONER.

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EXHIBIT P5TRUE COPY OF THE OBJECTION DATED 10/07/2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ENGINEER.

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EXHIBIT P6TRUE COPY OF THE POSTAL RECEIPT DATED 11/07/2018 DATED THIS THE 17TH DAY OF JULY, 2018.

Lalitha C v. the National Highway Authority

Case brief

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Lalitha C v. the National Highway Authority

Case brief

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