In thisPublic Interest Litigation filed in 2008 concerning land use violations, the Kerala High Court observed that twelve years had lapsed and the relevant construction was completed long ago. The Court held the petition to be infructuous and dismissed it.
Petition dismissed as infructuous.
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.
W.P.C.2170/2008
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942
WP(C).No.2170 OF 2008(S)
PETITIONER/S:
MANAKUNNAM VILLAGE PADASEKHARA SAMRAKSHANA SAMITHY, REPRESENTED BY ITS SECRETARY, SRI. K.P.VARGHESE, S/O.LATE PETER K.I., AGED 43 YEARS, KAVILESWARATH HOUSE, KANDANADU P.O., THIRUVANKULAM (VIA), PIN-682 305.
BY ADV.SRI.DENIZEN KOMATH
RESPONDENT/S:
W.P.C.2170/2008
2
SR GP SURIN GEORGE IPE FOR R1 TO R5 R6 BY ADV.MURALI PURUSHOTHAMAN ADV.DEEPU LAL MOHAN
R7 BY A.BALAGOPALAN A.RAJAGOPALAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.2170/2008
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JUDGMENT
Dated this the 12th day of August 2020
S.Manikumar, CJ.
Contending inter alia that there is violation of Ext.P4 order, an order under KLU Order, 1967 permitting the party respondents to utilize a land for different purposes other than paddy cultivation and agricultural purposes, instant public interest litigation is filed for the following prayers:
“i) Call for the entire records pertaining to the pleadings promulgated by the petitioner in the writ petition.
ii) Issue a writ of mandamus, any other writ order or directions, directing the respondents 1 to 5 to conduct a confidence inspiring inquiry into the grievances raised by the petitioner vide Exhibits P9 to P13, and to proceed against the culprits in accordance with law.
iii) Issue a writ of mandamus, any other writ, order or direction, directing the 2nd respondent to proceed against the 6th respondent for violating the conditions stipulated in Exhibit P4 order, and to recover the damages caused by the 6th and 7th respondents' activities to the environment and eco-system immediately.
iv) Issue a writ of mandamus, any other writ, order or direction, directing the 2nd respondent to forbear the 6th and 7th respondents from carrying out any sort of construction activities than what is sanctioned vide Exhibit P4 order, immediately.
v) Issue a writ of mandamus, any other writ, order or direction, directing the respondents 1 to 5 to ensure that 6th and 7th respondents does not restrain flow of water to the
W.P.C.2170/2008
4
nearby paddy fields and to take emergent steps against these respondents in the event of such activities.
vi) Issue a writ of mandamus, any other writ, order or direction, directing the respondents 1 to 5 to ensure that the paddy fields converted vide Ext.P4 order is not used for any other purpose than what is granted vide the order.”
lapsed. Learned Special Government Pleader submitted that in Ext.P4 proceedings of the 2nd respondent dated 02.06.2003, there were certain conditions regarding the use of the property for specified purpose. Thereafter, subject land has been transferred to the 7th respondent M/s.Shwas Homes and that construction has been completed long ago. Placing on record the above, we are of the view that there is no need to advert to the submissions on the prayers
sought for. Writ petition has become infructuous.
Accordingly, writ petition is dismissed as infructuous.
Sd/-
S.MANIKUMAR CHIEF JUSTICE
Sd/SHAJI P.CHALY JUDGE
DG
1 issue framed by the court
Whether the writ petition filed in 2008 is maintainable after twelve years when the construction by the land developer has already been completed.
Manakunnam Village Padasekhara Samrakshana Samithy
State of Kerala
District Collector Ernakulam District
Revenue Divisional Officer Kochi
Village Officer Manakunnam Village Ernakulam
Director Vigilance and Anti-Corruption Bureau Thiruvananthapuram
S.Manikumar
Shaji P Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
