IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 OP.No. 11416 of 1998(H) ----------------------- PETITIONER: --------------------- AISHA BEEBI SAINABA BEEVI KOOTUPARA KIZHAKKETHIL VEEDU, PADINJATTINKARA KOTTARAKKARA BY ADV. SRI.K.K.JOHN RESPONDENTS: -------------------------- 1. THE ASST. ENGINEER (ROADS) P.W.D. KOTTARAKKARA 2. GANGADHARAN ASARI SIVADASAH ASARI ANU NIVAS,PADINJATTINKARA KOTTARAKKARA 3. RAMA DAS, ANU NIVAS ALIAS SHANTHI NIVAS PADINJATTINKARA, KOTTARAKKARA R1 BY GOVT. PLEADER SHRI. SANDESH RAJA R2 BY ADV. DR. K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR R3 BY ADV. SRI.PAULY MATHEW MURICKEN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO: 19750/98 IN O.P. NO: 11416/98 DISMISSED: 28/7/2008 SD/- P.N.RAVINDRAN, JUDGE jj /TRUE COPY/ P.A. TO JUDGE P.N.RAVINDRAN, J. -------------------------- OP. No.11416 OF 1998 -------------------------- Dated this the 28th July, 2008. JUDGMENT This Original Petition was admitted on 19.6.1998. By an interim order passed on 19.6.1998 on CMP No: 19750 of 1998 this Court directed the first respondent to see that if no shed has been put up by respondents 2 and 3 as on that date, the first respondent shall see that they shall not put up the shed until further orders. Later the petitioner filed CMP No: 37533 of 2002 to implead the Assistant Engineer, National Highway 208, Market Junction, Kottarakkara as the additional 4th respondent in the Original Petition and CMP No: 37534 of 2002 for an interim order directing the additional 4th respondent to prevent the third respondent or anyone else from putting up a shed or bunk in the road puramboke in front of her building. By an interim order passed on 7.8.2002, the relief prayed for in CMP No: 37534 of 2002 was granted. Later, the third respondent moved for vacating the said order by filing C.M.P.No: 48416 of 2002. By order passed on 12.12.2002, this Court directed that the interim direction passed earlier on O.P.No: 11416/98 2 7.8.2002 will not adversely affect the claims or rights of the third respondent to get any other land allotted without creating disturbance to the petitioner, at the instance of the Kottarakkara Grama Panchayat. 2. The learned counsel for the petitioner submitted that the bunk run by the third respondent has since been removed. This is not disputed by the counsel appearing for the third respondent or the official respondents. Since the third respondent is no longer running the bunk shop in front of the petitioner's building, the Original Petition has become infructuous. Accordingly it is dismissed as infructuous. 3. It will be open to the petitioner, if she is aggrieved later by setting up of any bunk in front of her building to move the appropriate authorities to have the said bunk removed. P.N.RAVINDRAN, JUDGE jj