IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 W.A.No.1260 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.29201/2007 DATED 20/11/2007 .................... APPELLANT: PETITIONER:- ----------------------------------------- THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD - 678 001. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU. RESPONDENTS: 1ST RESPONDENT/PETITIONERS:- ---------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TUFAIL AHAMED, S/O.LATE A.S.AHAMED SAHIB; 3. TASIF AHAMED, S/O.LATE A.S.AHAMED SAHIB; 4. AYISHA MALIKA, D/O.LATE A.S.AHAMED SAHIB; 5. MRS.SAFIYA AHAMMED SAHIB; RESPONDENT 2 TO 5 ARE RESIDING AT ASHA MANZIL, T.B.ROAD, PALAKKAD. 6. BADEERUL SAMAN, S/O.LATE A.S.SULAIKHA, RESIDING AT CHEMBAKASSERY, ALUVA, ERNAKULAM DISTRICT. W.A.NO.1260 OF 2008 - 2 - 7. ZANEERNNA.A.A., D/O.LATE A.S.SULAIKHA, RESIDING AT CHEMBAKASSERY, ALUVA, ERNAKULAM DISTRICT. 8. A.S.BADARUNNEESA, W/O.M.S.UMMER SAHIB, RESIDING AT 9/46, SENGUPTA STREET, COIMBATORE. 9. A.S.RASHEEDA, W/O.S.A.MOHAMED HUSSAIN, RESIDING AT MANJAKULAM ROAD, PALAKKAD. R1 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R2 TO R9 BY ADV. SMT.M.A.ZOHRA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1260 of 2008 ---------------------------------------------- Dated, this the 18th day of August, 2008 JUDGMENT H.L.Dattu,C.J. 2nd respondent in the writ petition, being aggrieved by the orders passed by the learned Single Judge in W.P.(C).No.29201 of 2007 dated 20th December, 2007, is before us in this appeal. 2. In the writ petition filed, the primary relief that was sought for by the petitioners was to direct the 2nd respondent-Municipality (appellant herein) to issue Development Certificate to the 94 cents of land, whose reservation stands quashed with effect from 31.3.2007 vide orders passed by this Court in I.A.No.10349 of 2007 dated 24.8.2007 and Exhibit P1 judgment dated 13.3.2007, and, further, to issue a direction to the 2nd respondent to issue Development Certificate to the petitioners to develop 94 cents of land, which is in possession of the writ petitioners. 3. The learned Single Judge had disposed of the writ petition by directing the 2nd respondent to issue appropriate Development Certificate within a particular time frame. 4. Aggrieved by the said order passed by the learned Single Judge, the 2nd respondent in the writ petition has presented this Writ Appeal. 5. After hearing the learned counsels for the parties to the lis for quite some time, we had requested Sri.V.Chitambaresh, learned Senior Counsel appearing for the appellant-Municipality, to instruct his client to issue appropriate Development Certificate as directed by the learned Single Judge. W.A.No.1260 of 2008 - 2 - 6. Sri.V.Chitambaresh, learned Senior Counsel, has produced before us the Development Certificate issued by the appellant-Municipality dated 13.08.2008. 7. In view of this development, in our opinion, at this stage it may not be necessary for us to go into the merits or demerits of the contentions canvassed by the learned counsels for the parties to the lis, since the appellant has complied with the orders and directions issued by this Court. 8. In the above view of the matter, without going into the other details of the matter, the Writ Appeal is disposed of. 9. In view of the disposal of the Writ Appeal, the petitioners in the writ petition/contesting respondents in this appeal, shall, now, withdraw the contempt petition filed by them before this Court, by filing an appropriate memo before this Court today itself. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge