Writ appeal filed against judgment dismissing writ petition was dismissed as infructuous by the Single Judge. Appellant counsel submitted the appeal had become infructuous, and the High Court allowed the appeal without elaboration.
Writ appeal 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 11TH DAY OF NOVEMBER 2022 / 20TH KARTHIKA, 1944
WA NO. 1530 OF 2013
AGAINST THE JUDGMENT IN WPC 18682/2013 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
BHARAT PETROLEUM CORPORATION LTD.
TERRITORY OFFICE(RETAIL),
IRIMPANAM INSTALLATION, COCHIN - 682 309,
REP BY THE STATE CO-ORDINATOR,KERALA.
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SRI.S.SUJIN
RESPONDENTS/RESPONDENTS:
1 KOTTAYAM MUNICIPALITY MUNICIPAL OFFICE,KOTTAYAM 686 001 REPRESENTED BY ITS SECRETARY.2 THE SECRETARY KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE,KOTTAYAM 686 001.3SAJAN MANI
S/O.K.O MANI,MANAGING DIRECTOR,
HOTEL SEARS PT LTD, NAGAMPADOM,
KOTTAYAM 682 001.
4 KERALA VIKASANA VEDI STATE COMMITTEE, NAGAMPADOM,KOTTAYAM 682 001, REPRESENTED BY ITS CONVENOR.5 THE ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM-686 001.W. A. No. 1530 of 2013
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6 THE LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM- 695 002.
7 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.BY ADVS.
SRI. AJIT JOY, SC, KOTTAYAM MUNICIPALITY
SRI.PHILIP J.VETTICKATTU
SRI.SIBY MATHEW
OTHER PRESENT:
SMT KEERTHY M FOR APPELLANT.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. No. 1530 of 2013
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J U D G M E N T
S. Manikumar, C. J.
Instant writ appeal is filed against the judgment in W. P. (C) No. 18682 of 2013 dated 29.07.2013, by which the learned Single Judge ordered thus:-
“7. After hearing both the sides, this Court finds that the petitioner is at liberty to proceed with the matter pending before the Civil Court, which is very much in connection with the rights as to the interest over the property in question. With regard to the alleged atrocious action on the part of the Municipality in having demolished the structures and the loss, if any caused, it is still open for the petitioner to approach the appropriate forum/Court claiming damages, if the same is sustainable in accordance with law.
This Court finds that, this is not a fit case to call for interference under article 226 of the Constitution of India. Interference is declined and the writ petition is dismissed.”
W. A. No. 1530 of 2013
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Placing on record the above, writ appeal is dismissed as
infructuous.
Sd/- S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY JUDGE
Eb
///TRUE COPY/// P.A. TO JUDGE
Bharat Petroleum Corporation Ltd.
Kottayam Municipality
Sajan Mani
Kerala Vikasana Vedi State Committee
Additional District Magistrate Kottayam
State of Kerala
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court