Shihab v. Pathanamthitta Municipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 11623 of 2015 (C) --------------------------------------- PETITIONER:

------------------- SHIHAB, AGED 37 YEARS, S/O.MYTHEEN, KEEZHATHUMURI, KULASEKHARAPATHI, PATHANAMTHITTA.P.O, PATHANAMTHITTA.

BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE RESPONDENTS:

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

1. PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA -689645, REPRESENTED BY ITS SECRETARY.

2. MUNICIPAL SECRETARY, PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA-689645.

3. MUNICIPAL CHAIRMAN, PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA -689645.

4. KABEER, BLAHAM PURAYIDAM, NEAR JUMA MASJID, PALLIMUKKU PATHANAMTHITTA-689645.

5. ISMAIL, BLAHAM PURAYIDAM, NEAR JUMA MASJID, PALLIMUKKU PATHANAMTHITTA-689645.

R1-R3 BY ADV. SRI.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 11623 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF RE-AUCTION/QUOTATION NOTICE DATED 23-02-2015 EXT.P1(A) ENGLISH TRANSLATION OF EXT.P1 EXT.P2 COPY OF COMPLAINT NO.529/2015 FILED BY THE PETITIONER BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS EXT.P3 COPY OF I.A.71/2015 EXT.P4 COPY OF THE ORDER DATED 28.03.2015 PASSED BY THE OMBUDSMAN EXT.P5 COPY OF THE ORDER DATED 06.04.2015 PASSED BY OMBUDSMAN IN O.P.529/2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.11623 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 1st day of June, 2015

JUDGMENT

Under challenge in this writ petition is Ext.P4 order by which the learned Ombudsman for Local Self Government has vacated the interim stay granted to the petitioner.

2. Today when the matter came up, the learned counsel for the petitioner submitted that he was given to understand from the statement filed by respondents 1 to 3 as directed by this Court that the original petition filed by the petitioner has been dismissed by the learned Ombudsman for default on 5.5.2015. Therefore, there is not surviving cause of action as far as this writ petition is concerned. Therefore, the writ petition is closed without prejudice. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj