2026 Supreme(Online)(Ker) 34488
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Jayachandran, J
Shyamala Devi P .K – Appellant
Versus
District Collector – Respondent
WP(C) NO. 9195 OF 2026
Advocates:
For the Appellants/Petitioners: K.C. Eldho, S. Bijilal, Hima Joseph, M.R. Alphy George
For the Respondents: Deepa Narayanan
When an unauthorized obstruction forming the basis of a writ petition is removed, the petition becomes infructuous and may be closed with liberty to relitigate should the grievance recur.
Headnote:The petitioner filed a writ petition seeking to address the grievance of unauthorized construction blocking access to property. Upon the removal of the said unauthorized structure, the petitioner requested to close the proceedings. The court acknowledged the removal of the obstruction and permitted the withdrawal of the petition with liberty to file fresh proceedings if necessary. The central issue pertains to the unauthorized obstruction of access to private property by a temporary construction on a public road. The court's ratio reflects the principle that once the grievance (removal of obstruction) is resolved, the underlying cause of action effectively dissipates, rendering the litigation moot. The writ petition stands closed with liberty reserved to the petitioner to approach the Court again if the cause of action recurs.
JUDGMENT Petitioner would submit that the unauthorised construction complained of has already been removed and hence the Writ Petition can be closed, with liberty to approach this Court again, in case necessity arises in future on a similar cause of action.
Liberty granted. This Writ Petition will stand closed.
Click Here to Read the rest of this document
Back
