High Court of KeralaWP(C)/7538/2007dismissed

Kozhikode Corporation v. K.T.Raveendran

2015-02-233 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 WP(C).No. 7538 of 2007 (V) --------------------------- PETITIONER :

-------------------------- KOZHIKODE CORPORATION REPRESENTED BY ITS SECRETARY, KOZHIKODE.

BY ADVS.SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORP SRI.K.D.BABU,SC,KOZHIKODE CORPORATION RESPONDENTS :

----------------------------

1. K.T.RAVEENDRAN, SECRETARY, PARAYANCHERY POURASAMITHI-269/04, KALATHIL THAZHAM KUTHIRAVATTOM P.O., KOZHIKODE DISTRICT.

2. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

R BY GOVERNMENT PLEADER SRI.ABHIJETT LESSIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7538 of 2007 (V) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE ORDER DATED 17.10.2006 IN O.P.NO.686/2004 OF THE HON'BLE OMBUDSMAN, LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM EXT.P2 : COPY OF THE NOTICE DATED 25.10.2004 EXT.P3 : COPY OF THE COMPLAINT OF THE 1ST RESPONDENT BASED ON WHICH EXHIBIT P1 NOTICE WAS ISSUED DT.18-8-2004 EXT.P4 : COPY OF THE REPLY SUBMITTED BY THE PETITIONER CORPORATION TO THE HON'BLE OMBUDSMAN DATED 6.12.2004 EXT.P5 : COPY OF THE STATEMENT FILED BY THE CORPORATION BEFORE THE HON'BLE OMBUDSMAN DATED 26.8.2006 EXT.P6 : COPY OF THE REPORT SUBMITTED BY THE REGIONAL JOINT DIRECTOR DT.16.9.2006 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV

K.SURENDRA MOHAN, J.

------------------------------------ W.P.(C) No.7538 of 2007 ----------------------------------- Dated this the 23rd day of February, 2015

J U D G M E N T

This writ petition is filed challenging Ext.P1 order of the 2nd respondent directing the petitioner to take up the work of construction of a drainage to a thodu during the financial year 2007-08 itself and to carry out and complete the work before expiry of the said year. This writ petition was admitted on 07.03.2007. On the said date, this Court has passed the following interim order :

"Issue urgent notice on admission by speed post to R1. Post on 22/3/07. In the meanwhile, Ext.P1 to the extent it directs the Corporation Engineer to complete all paper works including all sanctions from the Govt. and appointment of the Contractor before the closure of this financial year will be kept in abeyance."

In view of the interim order passed, the paper work regarding obtaining a sanction from the Government and appointment of Contractor was kept in abeyance. The situation continues to this date. Though this case is posted before me for hearing, there is no appearance for the petitioner. It is obvious that the petitioner is no longer interested in prosecuting this writ petition. The same is therefore dismissed.

Sd/- K.SURENDRA MOHAN, JUDGE.