ERANHIKKAL KUNHALANKUTTY, v. KONDOTTY MUNICIPALITY,
WP(C)/2725/2019 · 2025-04-01
Viju Abraham
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3207 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3207 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) No.2725 of 2019 1 2025:KER:28173 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 2725 OF 2019 PETITIONER:
ERANHIKKAL KUNHALANKUTTY,AGED 84 YEARS S/O.AHAMMED KOYA, PADATH HOUSE, NEERADU, MUTHUVALLUR(PO), MALAPPURAM-673638.
BY ADV K.PRAVEEN KUMAR RESPONDENTS: 1 KONDOTTY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KONDOTTY, MALAPPURAM-673638. 2 THE SECRETARY, KONDOTTY MUNICIPALITY, KONDOTTY, MALAPPURAM-673638. 3 REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY, MALAPPURAM-676101. 4 THE EXEUTIVE ENGINEER, PWD (ROADS SECTION), MANJERI, MALAPPURAM-676121. 5 THE ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS SUB DIVISION), TIRUR, MALAPPURAM-676101. 6 THE ASSISTANT ENGINEER, PWD (ROADS), KONDOTTY, MALAPPURAM-673638. 7 THE STATION HOUSE OFFICER, KONDOTTY POLICE STATION, KONDOTTY, MALAPPURAM-673638. ADDL.R8 THE EXECUTIVE ENGINEER, LSGD,CIVIL STATION, MALAPPURAM-676 505.
W.P.(C) No.2725 of 2019 2 2025:KER:28173 IS IMPLEADED AS ADDITIONAL R8 AS PER ORDER DATED 08.07.2019 IN IA 2/2019 IN WPC 2725/2019.
BY ADVS. SRI.K.A.JALEEL GOVERNMENT PLEADER OTHER PRESENT:
GP-NIMA JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2725 of 2019 3 2025:KER:28173 VIJU ABRAHAM, J. ................................................................. W.P.(C) No.2725 of 2019 ................................................................. Dated this the 1st day of April, 2025
JUDGMENT
Learned counsel for the petitioner submits that the petitioner has approached this Court challenging the construction of a temporary waiting shed in front of his property. During the pendency of the writ petition the temporary shed was removed and a permanent shed has been constructed on the side of the property of the petitioner. In view of the intervening developments petitioner seeks permission to withdraw the writ petition leaving open the right to challenge the construction of the new permanent waiting shed in appropriate proceedings. Permission is granted and the writ petition is accordingly dismissed as withdrawn. Sd/- VIJU ABRAHAM JUDGE cks
W.P.(C) No.2725 of 2019 4 2025:KER:28173 APPENDIX OF WP(C) 2725/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO.B2- 77/2017-18 DATED 22.6.17.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 28.7.17 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 16.12.17 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 18.12.17 SENT BY THE PETITIONER TO THE 4TH RESPONDENT ALONG WITH THE ENDORSEMENT ON IT.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED 19.1.19 OF THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 23.1.19 SENT BY THE PETITIONER TO THE 3RD RESPONDENT.
RESPONDENT ANNEXURES ANNEXURE R5(A) A TRUE COPY OF THE LETTER DATED 12.02.2019 FROM THE 6TH RESPONDENT.
EXHIBIT R2(A) TRUE COPY OF THE RESOLUTION DATED 02.11.2018 TAKEN BY THE MUNICIPAL COUNCIL.
ANNEXURE R6(a) A TRUE PHOTOCOPY OF THE AGREEMENT EXECUTED FOR THE PERMISSION FOR ACCESS ANNEXURE R6(b) A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE ASSISTANT ENGINEER TO ASSISTANT EXECUTIVE ENGINEER DATED 12.02.2019 ANNEXURE R6(c) A TRUE PHOTOCOPY OF THE PROCEEDINGS BY THE EXECUTIVE ENGINEER PWD ROAD DIVISION MANJERI DATED 01.06.2018 ANNEXURE R6(d) A TRUE PHOTOCOPY OF THE WORK ORDER DATED 06.03.2019 ANNEXURE R6(e) A TRUE PHOTOCOPY OF THE PLOT SKETCH ALONG WITH BUILDING PERMIT ANNEXURE R6(f) A TRUE PHOTOCOPY OF THE SITE PLAN