IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 10860 of 2004(P) -------------------------- PETITIONER: --------------- M.O.SHAMSUDHEEN, MANAGER, PEEYEMS PLAZA, ERUMAPETTY, THRISSUR DISTRICT. BY ADVS. SRI.P.K.ASHOKAN SRI.M.R.VENUGOPAL RESPONDENT(S): --------------------- 1. SUB INSPECTOR OF POLICE, ERUMAPETTY, THRISSUR DISTRICT. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR. 3. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. WADAKKANCHERRY. 4. THE EXECUTIVE ENGINEER, P.W.D., THRISSUR. 5. THE DISTRICT COLLECTOR, THRISSUR DIST. 6. THE PRESIDENT, I.N.T.U.C., ERUMAPETTY PANCHAYT COMMITTEE, THRISSUR 7. THE SECRETARY, CPI (M) LOCAL COMMITTEE, ERUMAPETTY, THRISSUR DISTRICT 8. THE SECRETARY, BJP, ERUMAPETTY PANCHAYAT COMMITTEE, THRISSUR. 9. THE SECRETARY, CONG (I), ERUMAPETTY PANCHAYAT COMMITTEE, THRISSUR. 10. THE SECRETARY, DYFI, ERUMAPETTY PANCHAYAT COMMITTEE, THRISSUR. R1-5 BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE R6 TO 8 & 10 BY ADV. SRI.SHOBY K.FRANCIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 10860 of 2004(P) ----------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ----------------------------- EXT.P1. COPY OF THE SALE DEED NO.1316/1996 OF ERUMAPETTY SUB REGISTRY DTD 1.7.96. EXT.P2. COPY OF THE SALE DEED NO. 2240/1996 OF THE ERUMAPETTY SUB REGISTRY DATED 14.11.1996 EXT.P3. COPY OF THE OWNERSHIP CERTIFICATE DATED 24.9.2001 ISSUED BY ERUMAPETTY GRAMA PANCHAYAT. EXT.P4. COPY OF THE TAX RECEIPT FOR THE YEAR 1.4.2002 TO 31.3.2003. EXT.P5. COPY OF THE PROFESSIONAL TAX RECEIPT DTD. 19.2.2004 EXT.P6. COPY OF THE RECEIPT OF ELECTRICITY CHARGE DTD. EXT.P7. COPY OF THE PETITION DATED 25.9.2001 BEFORE THE HON'BLE PWD MINISTER EXT.P8. COPY OF THE REPRESENTATION DATED 16.10.2001 TO THE 4TH RESPONDENT. EXT.P9. COPY OF THE RESOLUTION OF ERUMAPETTY GRAMA PANCHAYAT DTD. 20.12.2003. EXT.P10. COPY OF THE REPRESETATION DTD. 12.3.2004 TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : ----------------------------- EXT.R6(B). COPY OF THE RELEVANT PORTION OF MASS PETITION SIGNED BY 183 PERSONS DATED NIL SUBMITTED TO THE ERUMAPETTY PANCHAYATH. EXT.R6(C). COPY OF THE RESOLUTION DATED 6.11.2004 PASSED BY THE PANCHAYATH. EXT.R6(D). COPY OF THE LETTER DATED 10.11.2004 SENT BY THE PANCHAYATH TO THE 3RD RESPONDENT. EXT.R6(E). COPY OF THE REPRESENTATION DATED 22.11.04 TO THE 3RD RESPONDENT SUBMITTED BY THE PETITIONER HEREIN. / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ================ W.P.(C) NO. 10860 OF 2004 ===================== Dated this the 22nd day of November, 2011 J U D G M E N T The writ petition was filed seeking removal of encroachments by respondents 6 to 10 in Erumapetty - Kadangode PWD Road in front of the petitioner's shopping complex namely Peeyems Plaza. 2. When the matter came up for orders on 28/9/04, this Court passed interim order directing removal of the encroachments. Subsequently IA No.13342/04 was filed by the party respondents seeking to vacate the interim order and by order dated 1/10/2004, the IA was also dismissed directing implementation of the interim order. Party respondents submits that in compliance with the interim order, encroachments have been vacated. Now that virtually the final order has been granted as an interim order and as the said order has already been implemented, the writ petition is only to be closed and I do so. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge