Winners Arts And Sports Club v. Ollukkara Block Panchayat & ORS.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 5646 of 2010 (S) --------------------------- PETITIONER(S):
---------- WINNERS ARTS AND SPORTS CLUB REG.NO.206/07, VEENDASSERY, KANNARA P.O REP. BY ITS PRESIDENT FRANCIS, S/O.XAVIER, 45 YEARS, KUNDIL HOUSE, KANNARA.
BY ADVS.SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S):
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1. OLLUKKARA BLOCK PANCHAYATH REP. BY SECRETARY OLLUKKARA P.O., THRISSUR.
2. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE THIRUVANANTHAPURAM.
3. THE RANGE OFFICER, FOREST RANGE OFFICE, MANNAMANGALAM, THRISSUR DISTRICT.
4. DEPUTY RANGER, FOREST STATION, MANNAMANGALAM.
5. SAJEEV, S/O.KURIAKOSE, VALETH HOUSE, KADIYIRUPPU P.O., AIKKARANADU NORTH, VILLAGE KUNNATHUNADU TALUK, KOLANCHERY.
FOR R2-R4 BY GOVERNMENT PLEADER SMT.GIRIJA GOPAL R5 BY ADVS. M/S. MURALI PURUSHOTHAMAN, DEEPU LAL MOHAN LEENA MURALI FOR R1 BY ADV. SRI.K.B.MOHANDAS & ADV. SRI.LELLULAL T.G.THUNDATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5646 of 2010 (S) APPENDIX PETITIONER'S EXTS:
EXT.P1: TRUE COPY OF THE GOVERNMENT ORDER G.O. MS NO. 169/2006/LSGD DATED 19-07-2006 EXT.P2: TRUE COPY OF THE PAYYANAM CHENNAYAPPARA ROAD SKETCH EXT.P3: TRUE COPY OF THE DECISION OF THE OLLUKKARA BLOCK PANCHAYAT DATED 24-03-2007 EXT.P4: TRUE COPY OF THE JUDGMENT IN W.P.C. NO. 14841/07 EXT.P5: TRUE COPY OF THE LETTER DATED 14-11-2009 ISSUED BY THE 4TH RESPONDENT
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P. (C ) No. 5646 of 2010- S ....................................................... Dated this the 20th day of January, 2015
JUDGMENT
Shaffique, J.
This Writ Petition is filed in the form of a public interest litigation seeking the following reliefs:
"i) issue a writ in the nature of mandamus commanding the respondents 3 onwards not to obstruct the construction of payyanam - Chennayapara road pursuant to Ext. P1.
ii) issue such other orders, writs or directions as are deemed fit by this Hon'ble Court;
iii) award the costs of this proceeding to the petitioner"
2. It is submitted by the learned counsel for the 5th respondent by filing a memo, that the 5th respondent is no more.
3. The 5th respondent was the Contractor who had
W.P. (C ) No. 5646 of 2010- S undertaken the work. The work has been stopped on account of the obstruction caused by the Forest Department. 4.
The learned counsel appearing for the first respondent submits that the work in question was the work funded by NABARD and the funds had already lapsed. Under such circumstances, the Panchayath is not in a position to proceed with the work.
5. Having regard to the fact that the work in question which is not being carried out as matters stand now, there is no necessity to consider the claim raised by the petitioner in this public interest litigation.
In the result, there being no reason to proceed with the Writ Petition, this Writ Petition is closed.
ASHOK BHUSHAN , Ag. CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE ani/