IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 14225 of 2007(R) -------------------------- PETITIONER(S): --------------- KODUNGALLUR MERCHANTS ASSOCIATION (REGISTRATION NO.114/77), REPRESENTED BY ITS GENERAL SECRETARY, VYAPARA BHAVAN, KODUNGALLUR P.O THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE TAHSILDAR, KODUNGALLUR TALUK, THRISSUR. 3. THE VILLAGE OFFICER, LOKAMALLESWARAM VILLAGE, KODUNGALLUR, THRISSUR. 4. THE KODUNGALLUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KODUNGALLUR P.O., THRISSUR. 5. ASRAYA CULTURAL SOCIETY, REPRESENTED BY ITS SECRETARY, P.M.SHAMEER, P.O. AZHIKODE, KODUNGALLUR-680 673. 6. E.V. RAMESAN, RESIDING AT EDAMUTTATH VEEDU, P.O. ERIYAD, KODUNGALLUR, THRISSUR. ADV. SRI.M.P.ASHOK KUMAR FOR R4 MR.DILIP MOHAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14225/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE APPLICATION PUT IN BY R5 DATED 13/03/2007. P2 : COPY OF ORDER OF SANCTION ISSUED BY R2 DATED 07/04/2007. P3 : COPY OF APPLICATION PUT IN BY R6 DATED 19/03/2007. P4 : COPY OF ORDER OF SANCTION ISSUED BY R2 DATED 30/03/2007. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.14225 of 2007 -------------------------- Dated, this the 25th day of September, 2009 ------------------------------ J U D G M E N T Challenge in this writ petition is essentially against Exts.P2 & P4 orders passed by the 2nd respondent, permitting the beneficiaries therein to use the Police Station Maidan for the purposes mentioned therein, and that too for the period specified therein, and subject to the terms mentioned therein. 2. First of all, by lapse of time, the subject matter of the writ petition has become infructuous. Further, the petitioner being a Merchants Association, is not directly affected by the said order. Even if this case is treated that this is a Public Interest Litigation, in my view, it is not maintainable as the issue does not involve in violation of Article 21 of the Constitution of India or nor has the petitioner a case that it has filed the writ petition on behalf of any poor people in the locality, who cannot approach this Court. 3. The petitioner contends that the grant as per the aforesaid orders lacks transparency. This certainly is a matter for WP(C) No.14225/2007 -2- respondents 2 & 4 to consider for their future guidance, as and when any application for allotment of the area for commercial purpose is received. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg