Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 20099

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
BALAN AGED 76 YEARS, S/O KUMARAN, KAKKANATTU HOUSE, PERINJANAM P.O, THRISSUR – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVT.DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. – Respondent
WP(C) NO. 28474 OF 2020

Advocates:
For the Appellants/Petitioners: SRI.SHABU SREEDHARAN, SMT.MEENU THAMPI, SHRI.AMAL STANLY
For the Respondents: GP, SRI K JANARDHANA SHENOY, SHRI.K.A.NOUSHAD

A writ petition may be deemed infructuous in the absence of representation from petitioners, leading to closure.

Headnote:This judgment pertains to a writ petition (WP

(C) No. 28474 of 2020) seeking to quash notices and allow petitioners to continue their business in a shopping complex. The court found no representation from petitioners and deemed the prayers possibly infructuous, leading to the closure of the petition. The court determined that without active participation from petitioners, it was appropriate to conclude the matter.

Table of Content
1. court decides to close the petition. (Para 4)

JUDGMENT

The above writ petition is filed with the following prayers:

“1. To call for the records leading to Exhibits-P1, P4 & P6 to P8 and to quash them by issuing a writ of certiorari.

2. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioners to continue occupying the shop rooms in the shopping complex at Moonnupeedika Jn. and running their business there till the completion of the new shopping complex. 3. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 & 2 to allot the petitioners with sufficient space in the new shopping complex at Moonnupeedika Jn. for shifting their business establishments to the same.

4. And to pass such other appropriate writs, orders or directions which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.”

2. The main prayer in this writ petition is to issue a direction to the respondents to permit the petitioners to continue occupying the shop room in the shopping complex till completion of the new shopping complex.

3. Heard the learned Standing Counsel appearing for the Municipality. There is no appearance for the petitioners.

4. This writ petition is pending before this Court from 17.12.2020. No interim order is passed by this Court in this case. Probably, the prayers in this writ petition might have been infructuous. There is no representation also for the petitioners. I think, this writ petition need not be retained here. Hence, the writ petition can be closed.

Accordingly, this Writ Petition is closed.

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