Kerala High Court
K.A.Aboobacker vs Wadakanchery Grama Panchayat on 4 February, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
WP(C).No. 14933 of 2014
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940
WP(C).No. 14933 of 2014
PETITIONER/S:
K.A.ABOOBACKER
S/O.ABDURAHIMAN, KUMARANELLOR, WADAKANCHERY.P.O.,
THRISSUR DISTRICT-680 582.
BY ADV. SRI.YASH THOMAS MANNULLY
RESPONDENT/S:
1 WADAKANCHERY GRAMA PANCHAYAT
THRISSUR DISTRICT-680 582, REPRESENTED BY THE
SECRETARY.
2 THE SECRETARY
WADAKANCHERY GRAMA PANCHAYAT, THRISSUR-680 582.
3 THE ASSISTANT ENGINEER
WADAKANCHERY GRAMA PANCHAYAT, THRISSUR DISTRICT-680
582, REPRESENTED BY THE SECRETARY.
4 THE DEPUTY DIRECTOR OF PANCHAYAT
AYANTHOLE.P.O., THRISSUR-680 003.
BY ADVS.
SRI.RAJIT
SRI.G.SREEKUMAR (CHELUR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14933 of 2014
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JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
"I) issue a writ of mandamus or any other appropriate writ, order or direction directing the first and second respondent to maintain the information centre cum waiting area for the use of passengers using the bus stand under the first respondent.
ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the first and second respondent from not to convert the public place used for passenger amenities in the Wadakkanchery Bus Stand cum Shopping Complex under first respondent for commercial purposes; and
iii) to issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."
2. The grievance put forth by the petitioner is that, an area earmarked for the comfort of the passengers in Wadakkanchery Bus stand was attempted to be enclosed as a commercial area, which according to the petitioner violates the duties conferred upon the respondents and the provisions of the Panchayat Raj Act, 1994.
3. In my considered opinion, this writ petition was pending before this Court for the past four years, without any WP(C).No. 14933 of 2014 3 interim orders. From a settlement agreement in a mediation, apparently of connected nature, I also realise that the subject matter was settled by and between the parties. Taking into account all these aspects, I am of the considered opinion that nothing survives to be considered in this writ petition on its merits.
Therefore the writ petition is disposed of as infructuous.
Sd/ SHAJI P.CHALY JUDGE Jm/ WP(C).No. 14933 of 2014 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1- TRUE COPY OF THE PLAN FOR PANCHAYAT BUS STAND CUM COMMERCIAL CENTRE, WADAKKANCHERY.
EXHIBIT P2 P2- TRUE COPY OF THE ESTIMATE REPORT SUBMITTED BY THE THIRD RESPONDENT.
EXHIBIT P3 P3- TRUE COPY OF THE RELEVANT PAGE OF DETAILED ESTIMATE FOR IMPROVEMENTS TO WADAKKANCHERY BUS STAND CUM SHOPPING COMPLEX UNDER FIRST RESPONDENT.
EXHIBIT P4 P4- TRUE COPY OF THE FIRST AND SECOND PAGE OF THE PROJECT FORMATION FORM 2 FOR PROJECT NO.S0307/14.
EXHIBIT P5 P5- TRUE COPY OF THE PETITION DATED 05.05.2014 SUBMITTED BEFORE THE THIRD RESPONDENT.
EXHIBIT P6 P6- TRUE COPY OF THE LETTER DATED 05.05.2014 ISSUED BY THE THIRD RESPONDENT TO THE SECOND RESPONDENT.
EXHIBIT P7 P7- TRUE COPY OF THE PETITION DATED 09.05.2014 SUBMITTED BEFORE THE FOURTH RESPONDENT.