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2026 Supreme(Online)(Ker) 12394
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
PALLIPARAMBAN MOHAMMADKUTTY – Appellant
Versus
KONDOTTY MUNICIPALITY – Respondent
WP(C) NO. 11304 OF 2017
Important Points
Subject
Civil - Writ Jurisdiction
Headnote
Findings of Court:
Due to lack of representation and potential for the prayers to be infructuous, the writ petition is closed.
Issues: The court frames the issue concerning the validity of eviction and if the petitioners' representations were considered.
Ratio Decidendi: The absence of petitioners in representation indicates the case's infructuous nature, leading to dismissal.
Result: Therefore, this writ petition is closed.
For the Appellants/Petitioners: SRI.V.T.RAGHUNATH, SMT.C.V.RAJALAKSHMI
For the Respondents: SHRI.K.A.JALEEL, SC, KONDOTTY MUNICIPALITY
| Table of Content |
|---|
| 1. nature of the case and petitioner's prayers. (Para 1) |
| 2. dismissal of the writ for lack of representation. (Para 2) |
JUDGMENT
The above writ petition is filed with following prayers : a) “Issue a writ of Mandamus or any other writ or direction or order directing the respondent to cancel the auction conducted on 23.03.2017 in respect of the shop rooms occupied by the petitioners, b) Issue a writ of Mandamus or any other writ or direction or order directing the respondent to consider Exts P3 to P6 representations given by the petitioners, c) Restrain the respondent from evicting the petitioners from the shop rooms in their possession and from handing over the same to any others and d) Grand such other reliefs that this Hon'ble court may deem fit to grant.” [sic]
2. The petitioners are challenging an eviction notice. The writ petition was filed in the year 2017. No interim order is passed in this case. Probably, the prayers in this writ petition might have been infructuous. There is no representation also for the petitioners. The writ petition need not be retained here.
Therefore, this writ petition is closed.
Sd/-
