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2024 Supreme(Online)(KER) 1392

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 WP(C) NO. 7256 OF 2016 PETITIONERS:

1 MOHAMMED ASHRAF AGED 56 YEARS D/O.BAVAKUTTY ABDUL KAREEM, R/A.HIBBA, CHANAPURA P O, KODUNGALLUR, TRICHUR DISTRICT, PINCODE

680684

2 METRO NAGAR RESIDENCE ASSOCATION BEARING REGISTRATION NO EKM/TC/752/2013 REP BY ITS PRESIDENT, MARTIN MATHEW, AGED 68 YEARS, S/O.MATHEW, R/A.HOUSE NO 5/353 (A), METRO NAGAR RESIDENTS ASSOCIATION, MARADU, ERNAKULAM 682040 BY ADV SRI.PEEYUS A.KOTTAM RESPONDENTS:

1 STATE OF KERALA REP BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695001

2 THE TAHSILDAR TALUK OFFICE, KANAYANNUR , PARK AVENUE ROAD, ERNAKULAM, COCHIN 682011

3 VILLAGE OFFICER,MARADU VILLAGE, MARADU P O, ERNAKULAM, PIN CODE 682040

4 SUB INSPECTOR OF POLICE MARADU POLICE STATION, MARADU, ERNAKULAM 682040 SRI. BINOY DAVIS – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners have approached this Court seeking the following reliefs:-

(i) Issue a writ of Mandamus or any other appropriate writ, order or direction and thereby direct the respondents 2 to 4 not to cause any hindrance or obstruction to the construction of drainage as approved as per Ext.P4 and taking materials to the work site through the private road owned by the 1st petitioner on the eastern side of his property.

(ii) Grant such other reliefs which are just and necessary in the interest of justice.”

2. The petitioners had also sought for an interim order. The prayer for interim relief was identical to the main prayer sought in the writ petition and reads as follows:-

“For the reasons stated in the Memorandum of Writ Petition (Civil) and in the accompanying affidavit, it is most respectfully prayed that this Honorable Court may be pleased to direct the respondents 2 to 4 not to cause any hindrance or obstruction to the construction of drainage as approved as per Ext.P-4 and for taking materials to the work site through the private road owned by the 1st petitioner on the eastern side of his property after maintaining it, during pendency of above original Writ Petition [Civil].”

This Court, by order dated 25.2.2016, granted an interim order as prayed for. This order was extended thereafter and by order dated 8.6.2016, it was extended until further orders. Since the final relief was already granted by way of an interm order, it is obvious that nothing further survives for consideration.

The writ petition is accordingly closed making it clear that, it will be open to the petitioner to apply for re-opening of the writ petition, if necessary, at a later stage. All interim orders stand vacated.

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