IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TH MONDAY, THE 18 DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 WP(C) NO. 3998 OF 2022 PETITIONERS:

ASHIK B.M AGED 35 YEARS S/O MUHAMMED KUNJU, AGED 35 YEARS RESIDING AT BLAYIAPARAMBIL HOUSE, CHANGAMPUZHA NAGAR P.O, KALAMASSERY ERNAKULAM DISTRICT, PIN – 682 033.

BY ADVS.

CHERIAN MATHEW POOTHICOTE AJITH VILLY GEORGE GEORGE G.POOTHICOTE RESPONDENTS:

1 K.P ANVER AGED 50 YEARS S/O PAREETHPILLIAI, KALLUPURACKKAL HOUSE, THRIKKAKARA PO KANANAYANUR TALUK, ERNAKULAM, PIN – 682 021.

2 SECRETARY THRIKKAKARA MUNCIPALITY , KAKKANAD, KOCHI, PIN – 682 030.

3 THE ASSISTANT EXECUTIVE ENGINEER, THRIKKAKARA MUNCIPALITY, KAKKANAD, KOCHI, PIN – 682 030.

4 THE SENIOR TOWN PLANNER REGIONAL TOWN PLANNING OFFICE CIVIL STATION ERNAKULAM, PIN – 695 003.

5 THE CHIEF TOWN PLANNER OFFICE OF THE CHIEF TOWN PLANNER, SWARAJ BHAVAN, NADANCODE, THIRUVANANTHAPURAM, PIN – 695 003.

6 STATE OF KERALA TOWN PLANNING DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

BY ADVS.

M.K.ABOOBACKER D.M.NOWFAL SMT.R.DEVI SHRI, GOVERNMENT PLEADER.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT This writ petition is filed for the following reliefs:-

“1) issue a writ of mandamus by directing Respondents 2 to do the needful by considering the complaints made by the petitioner.

2) To issue any Writ as the court deems appropriate.

3) To continue with the proceedings that R2 has already initiated against the R1.

4) To rectify the illegality committed by the 1st respondent.

5) To direct the 2nd respondent to start with the proceedings to rectify the illegality committed by the 1^st respondent.”

2. When this writ petition came up for consideration today, the learned Standing Counsel for the Municipality handed over to me a copy of the proceedings No.TPI-BA-399/2020 dated 07.12.2021 whereby the construction has been regularized subject to the conditions therein.

3. The learned Counsel for the petitioner submits that, in the light of the said proceedings the writ petition can be closed. The proceedings dated

07.12.2021 shall form part of the judgment.

In the light of the submission made by the counsel for the petitioner and the 1^st respondent the writ petition is closed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ APPENDIX OF WP(C) 3998/2022 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIRST COMPLAINT MADE BY THE PETITIONER AGAINST THE FIRST RESPONDENT DATED 4/12/2020.

Exhibit2 A TRUE COPY OF THE COMPLAIN MADE BY THE PETITIONER AGAINST THE 1ST RESPONDENT TO THE 4TH RESPONDENT.

ExhibitP3 A TRUE COPY OF THE NOTICE ISSUED BY THE

2ND RESPONDENT TO THE 1ST RESPONDENT DATED 26/06/20.

ExhibitP4 A TRUE COPY OF THE NOTICE ISSUED BY THE

2ND RESPONDENT DIRECTING THE 1ST RESPONDENT RESPOND WITHIN 15 DAYS'

DATED 04/08/2020.