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2025 Supreme(Online)(Ker) 12566
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SAURAV.V – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 4982/2025
A writ petition can be dismissed as infructuous if the matter no longer presents a live issue for adjudication.
Headnote:(A) Kerala Panchayat Raj Act, 1994 - The writ petition was dismissed as infructuous due to the petitioner's counsel stating that the matter has become infructuous. (Para 1)
(B) Writ Jurisdiction - The court has the authority to dismiss petitions that no longer present a live issue for adjudication. (Para 1)
Facts of the case:
The petitioner, represented by a power of attorney holder, filed a writ petition against the Grama Panchayath and other government officials regarding a local governance issue.
Findings of Court:
The court found that the matter was no longer relevant for adjudication.
Issues: The primary issue was whether the writ petition had become infructuous.
Ratio Decidendi: The court held that it is within its jurisdiction to dismiss cases that lack a live controversy.
Result: Writ petition dismissed as infructuous.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946 WP(C) NO. 9149 OF 2018 PETITIONER/S:
PUTHIYA VALAPPIL BHASKARAN AGED 52 YEARS, S/O. LATE KUNHIKANNAN,RESIDING AT KARIVELLUR AMSOM DESOM,ANOOR, P.O.KARIVELLUR, TALIPARAMBA TALUK,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER-
VELLUKKARAN BALAKRISHNAN, AGED 57 YEARS,S/O. APPU, 'AISWARYA NIVAS', KARIVELLUR AMSOM DESOM,TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADV SRI.M.V.AMARESAN RESPONDENT/S:
1 CHERUVATHUR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,P.O.CHERUVATHUR, KASARAGOD DISTRICT,PIN - 671313.
2 SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT,THIRUVANANTHAPURAM, PIN -
695 001.
3 REVENUE DIVISIONAL OFFICER KASARAGOD AT KANHANGAD,PIN - 671 121.
BY ADV SRI.M.SASINDRAN OTHER PRESENT:
SRIBIMAL K NATH-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the petitioner submitted that the matter has become infructuous.
Accordingly, the writ petition is dismissed as infructuous.
Sd/-
M.A.ABDUL HAKHIM JUDGE Shg APPENDIX OF WP(C) 9149/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF BASIC DOCUMENT BEARING REG. NO.
1316/2004 OF SUB REGISTRAR OFFICE, TRIKARIPUR DATED
29.3.2004.
EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED 08.02.2018 ISSUED BY AGRICULTURE OFFICER, KRISHI BHAVAN, CHERUVATHUR TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF SKETCH PLAN OF THE PORPERTY COVERED BY EXHIBIT P2.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 19.12.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF APPLICATION WITH A COVERING LETTER DATED
3.1.2018 SUBMITTED BY THE PETITIOENR BEFORE THE RESPONDENT.
EXHIBIT P6 TRUE COPY OF EXHIBIT P5 APPLICATION WITH COVERING LETTER RETURNED BY THE RESPONDENT TO THE PETITIONER.
EXHIBIT P7 TRUE COPY OF LETTER DATED 20.2.2018 ISSUED BY THE ASSISTANT ENGINEER OF PWD NATIONAL HIGH WAY, KANHANGAD TO THE PETITIONER.
