V.Venappan Nair And Another v. State Of Kerala And Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WA.No. 1506 of 2010 ( ) IN WP(C).18019/2010 --------------------------------------------- APPELLANT(S)/PETITIONERS:

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1. V.VENAPPAN NAIR, AGED 49 YEARS, S/O.VELAYUDHAN PILLAI, VILAYIL VEEDU, VENJAVODU SREEKARYAM P.O., THIRUVANANTHAPURAM.

2. S.AMBIKA, AGED 47 YEARS, D/O.SARASWATHI, "DEEPALAYALAM", PARAKKODE CHEMBAZHANTHI, CHEMBAZHANTHI P.O., THIRUVANANTHAPURAM. BY ADVS.SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM.

2. THE SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

3. THE CORPORATION OF THIRUVANANTHAPURAM.

4. THE DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM.

5. STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY CORPORATION OFFICE COMPLEX, THIRUVANANTHAPURAM.

6. STATE DELIMITATION COMMISSION, KERALA, REPRESENTED BY ITS SECRETARY, TC 14/764(4) OBSERVATORY LANE, MUSEUM P.O.

THIRUVANANTHAPURAM-695 033.

R3 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) R3 BY ADV. SRI.P.K.MANOJKUMAR R5 & R6 BY ADV. SRI.MURALI PURUSHOTHAMAN, SR. GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

================== W.A.No. 1506 of 2010 ================== Dated this the 1st day of April, 2015

J U D G M E N T

ANTONY DOMINIC, J.:

This Writ Appeal is filed against the judgment of the learned Single Judge dismissing W.P.(C).No.18019/2010. The said Writ Petition was filed challenging Ext.P-6, an order passed by the Government under Sec.4 of the Kerala Municipality Act, 1994, to the extent it merges Sreekaryam Grama Panchayat with the Thiruvananthapuram Municipal Corporation. Though various contentions are raised, we notice that by notification No.EM-3/13 (9)/2014/LSGD dated 25.1.2015, the Government have again initiated proceedings under Sec.4 of the Kerala Municipality Act and that after receiving objections, the parties were already heard. Therefore, the cause of action, which led to the appellants to file the Writ Petition does not survive now and if at all they are now aggrieved, it can only be against the final order that is to be passed by the Government, on completion of the proceedings initiated

W.A.1506/10 - : 2 :- pursuant to the notification mentioned above. In that view of the matter, this Writ Appeal is closed.

Sd/- ANTONY DOMINIC, JUDGE Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge