Petitioner challenged demolition work via writ petition. Court declined to intervene as the representation regarding the plea was already disposed of by respondents, rendering the petition infructuous and dismissed.
No relief granted; writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 22ND DAY OF JULY 2024 / 31ST ASHADHA, 1946 WP(C) NO. 34478 OF 2022
PETITIONER:
SWEETY RAMDAS AGED 50 YEARS, W/O. K. SASEENDRAN, MARIAKANDY HOUSE (SWEET HOME), NEAR O.K.U.P. SCHOOL, EDAKKAD. P.O., KANNUR DISTRICT, KERALA -6 70663, PIN – 670663
BY ADVS. K.RAJESWARY ANIL PRABHA.K
RESPONDENTS:
1 SPECIAL TAHSILDAR, (LA) AND COMPETENT AUTHORITY (NATIONAL HIGH WAY) UNIT, KANNUR DISTRICT-67002 0, PIN - 670002 2 PROJECT DIRECTOR, NHAI NATIONAL HIGH WAY AUTHORITY OF INDIA, LOTUS 34/1487 A, PROVIDENCE WOMEN'S COLLEGE ROAD, MALAPARAMBA P.O, KOZHIKODE-673009, PIN - 673009 3 THE DISTRICT COLLECTOR CIVIL STATION, KANNUR-670002, PIN - 670002 BY ADVS. LEJO JOSEPH GEORGE E.C.KURIAKOSE(K/000467/2016)
B.S.SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 34478/2022
..2..
J U D G M E N T
The only prayer in this writ petition is to direct the respondent No.1 to consider the plea of the petitioner foisted in Ext.P3 representation, to dispose of the same and to adopt necessary steps to stop the demolition work of the petitioner's residential building.
Hence, the prayer in this writ petition has become infructuous. Accordingly, this writ petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
APA
W.P.(C) No. 34478/2022
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APPENDIX OF WP(C) 34478/2022
PETITIONER EXHIBITS
| EXHIBIT-P1 TRUE PETIT |
COPY IONER |
OF TH AS DOCUM |
E TITLE DEED OF THE ENT NO:3125/2009 |
|---|---|---|---|
| EXHIBIT-P2 TRUE RESID ACQUI |
COPY ENCE SITION |
OF TH OF THE |
E PHOTOGRAPHS OF THE PETITIONER MARKED FOR |
| EXHIBIT-P3 TRUE PETIT 06/09 |
COPY IONER /2022 |
OF THE RE BEFORE |
PRESENTATION MADE BY THE THE 1ST RESPONDENT ON |
RESPONDENT ANNEXURES
| ANNEXURE R2(a) | COPY OF | THE LETTER DATED 22.10.2019. |
|---|---|---|
| ANNEXURE R2(b) | COPY OF 2021. |
LAC 5713/EDAKKAD DATED FEBRUARY |
| ANNEXURE R2(c) | COPY OF 4/2012(2 |
THE ADDITIONAL AWARD BEARING NO. C- 0)(LAC NO. 5713) DATED 15.09.2022. |
| ANNEXURE R2(d) | COPY OF | THE 3E NOTICE DATED 24.02.2021 |
| ANNEXURE R2(e) | RELEVANT S.O NO. |
PORTION OF 3D NOTIFICATION BEARING 2856(E) DATED 07.12.2012 |
| ANNEXURE R2(f) | RELEVANT S.O NO. |
PORTION OF 3D NOTIFICATION BEARING 3065(E) DATED 09.10.2013 |
| ANNEXURE R2(g) | COPY OF | THE LETTER DATED 30.09.2022 |
1 issue framed by the court
Whether the writ petition praying to stop demolition work is maintainable after the representation was disposed of.
SWEETY RAMDAS
SPECIAL TAHSILDAR (LA) AND COMPETENT AUTHORITY (NATIONAL HIGH WAY) UNIT, KANNUR DISTRICT
E.C.KURIAKOSE
PROJECT DIRECTOR, NHAI NATIONAL HIGH WAY AUTHORITY OF INDIA
THE DISTRICT COLLECTOR CIVIL STATION, KANNUR
B.S.SYAMANTHAK, GP
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
