The Apex Court dismissed the writ appeal as infructuous. The Bench held that since the original Single Judge had set aside the Panchayat's order and directed renewal of the permit, no fresh dispute existed requiring appellate interference.
Writ appeal dismissed as infructuous; no costs.
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. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 20TH DAY OF OCTOBER 2023 / 28TH ASWINA, 1945
WA NO. 1065 OF 2016
AGAINST THE JUDGMENT IN WPC 15707/2016 DATED 26.04.2016 OF HIGH
COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 PATTAZHIVADAKKEKARA GRAMA PANCHAYATHCHELLIKKUZHI P.O., KOLLAM-691 556.
2 THE SECRETARY PATTAZHIVADAKKEKKARA GRAMA PANCHAYATH,CHELLIKKUZHI P.O., KOLLAM-691 556.BY ADVS.
SRI.K.S.BHARATHAN
SMT.S.ANJUSHA
SRI.B.C.MENON
SMT. MASNA NAYAR
RESPONDENT/PETITIONER:
N.V.ASOK KUMAR
S/O. LATE VENUGOPAL, RESIDING AT PALLIKKIZHAKKATHIL
HOUSE, MOHANAVILASOM, VETTITHITTA P.O., KOLLAM-689 696.
BY ADV SRI.S.M.ALTHAF (B/O)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1065 OF 2016
JUDGMENT
A.J.DESAI, C.J.
By way of the present appeal filed under Section 5 of the Kerala High Court Act, the original petitioner has challenged the judgment dated 26.04.2016, passed by the learned Single Judge in the captioned W.P.(C)No.15707/2016. The judgment reads as under:
“The petitioner claims to have a valid quarrying permit as on 09/01/2015. In that view of the matter, the impugned order of the Panchayat is set aside. The Panchayat is directed to renew the permit, subject to further orders of the Hon'ble Supreme Court in S.L.P.No.30103/2015. Needful shall be done within a period of two weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above. No costs.”
WA NO. 1065 OF 2016
-3-
permit for a period of one year. Therefore, in our view, the present
appeal has become infructuous.
Hence, the writ appeal is dismissed as infructuous.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu
20.10.2023
1 issue framed by the court
Whether the writ appeal deserves consideration when the underlying order was set aside by the impugned judgment as infructuous.
1 provisions across 1 enactments
PATTAZHIVADAKKEKARA GRAMA PANCHAYATH
THE SECRETARY PATTAZHIVADAKKEKKARA GRAMA PANCHAYATH
N.V. ASOK KUMAR
A.J. DESAI
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court