A 2015 writ petition seeking extension of time in a consent to remove ordinary earth and freedom from police obstruction was closed without any decision; no interim order had been passed and the court noted the prayers might have become 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 MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 3591 OF 2015
PETITIONER:
NISA BEEVI
AGED 30 YEARS, W/O.ABDUL AZEEZ, KARIKKAKATHIL VEEDU, MANKONAM, PULIYOORKONAM P.O., MADAVOOR DESOM, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADVS. SRI.K.SIJU SRI.S.ABHILASH
RESPONDENTS:
KOLLAM CITY, POLICE COMMISSIONER'S OFFICE, KOLLAM-691 001.
BY ADV.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 3591 OF 2015
P.V.KUNHIKRISHNAN, J.
W.P.(C) No.3591 of 2015
Dated this the 22nd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
“i. to issue a writ of mandamus commanding the 2nd respondent to extent the time stipulated in Ext.Pl consent to remove and transport ordinary earth from the property comprised in Re. Sy. 96/2-1 in Block No.28 of Madavoor Village by two weeks.
ii. To direct the respondents 3 and 4 and their subordinates not to obstruct the vehicles plying with the ordinary earth excavated from the property of the petitioner in pursuant to Ext.Pl without any sufficient reason.
iii. To pass such other reliefs that this Hon'ble Court deem fit and proper.” SIC
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WP(C) NO. 3591 OF 2015
extension of time granted in Ext.P1 for removing
ordinary earth to construct a residential building.
writ petition is filed in the year 2015. There was no representation for the petitioner on 09.04.2015, when
the case was taken up. Probably the prayers in this
writ petition might have been infructuous.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
nvj
WP(C) NO. 3591 OF 2015
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APPENDIX OF WP(C) 3591/2015
PETITIONER EXHIBITS
EXT P1 ; THE COPY OF CONSENT LETTER DATED 22-01-2015 ISSUED BY THE 2ND RESPONDENT.
EXT P2 : THE COPY OF RECEIPT REGARDING REMITTANCE OF RS.25,000/ON 24-01-2015.
EXT P3 ; THE COPY OF G.O.12/2014 DATED 15-11-2014 ISSUED BY THE GOVERNMENT.
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
1 issue framed by the court
Whether the time stipulated in the Village Officer's consent to remove ordinary earth could be extended, and whether police would refrain from obstructing transport of earth?
Nisa Beevi
The District Collector, Thiruvananthapuram
The Village Officer, Madavoor Village
Asst. Commissioner of Police, Chathannoor
The City Police Commissioner, Kollam City
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
