IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 12774 of 2006(U) ---------------------------------------- PETITIONER(S): ----------------------- KOCHAN MOHAMMED KUNHI, S/O.KUNHAMINA UMMA, THAYANERI, P.O. PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): ------------------------- 1. OMBUDSMAN FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. SECRETARY, PAYYANNUR MUNICIPALITY, PAYYANNUR, KANNUR DISTRICT. 3. P. SEKHARA PODUVAL, 'PRABHAT', PIRAKKANTHADAM, PILATHARA P.O., VIA. MANDUR, KANNUR DISTRICT. R1 BY GOVT. PLEADER MR.NOBLE MATHEW. R2 BY ADV. SRI.M.SASINDRAN. R3 BY ADV. SRI.A.MOHAMED MUSTAQUE, SRI.M.K.SUMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 12774 of 2006(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE OBJECTION DATED 25/06/2005 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2 COPY OF THE O.P. NO. 447/2005 FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT OMBUDSMAN. EXT.P3 COPY OF THE NOTICE DATED 05/01/2006 RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT IN O.P. NO. 447/2005. EXT.P4 COPY OF THE COUNTER STATEMENT DATED 22/03/2006 IN O.P. NO. 447/2005. EXT.P5 COPY OF THE OBJECTION DATED 22/03/2006 FILED BY THE PETITIONER TO THE REPORT OF THE VILLAGE OFFICER AND BEFORE THE 1ST RESPONDENT. EXT.P6 COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 22/03/2006. EXT.P7 COPY OF THE NOTICE NO.E1-327/03-04/OP/447/05 DATED 27/04/2006 OF THE 2ND RESPONDENT SECRETARY FO PAYYANNUR MUNICIPALITY TO PETITIONER. EXT.P8 COPY OF THE BUILDING PERMIT NO.327/03-04 DATED 05/12/2003 ISSUED BY THE 2ND RESPONDENT SECRETARY, PAYYANNUR MUNICIPALITY. EXT.P9 COPY OF THE OCCUPANCY CERTIFICATE NO.53/05-06, DATED 12/05/2005, ISSUED BY THE 2ND RESPONDENT SECRETARY, PAYYANNUR MUNICIPALITY. EXT.P10 COPY OF THE ENQUIRY REPORT ALONG WITH COVERING LETTER NO.D1-G1/2006 DATED 21/03/2006 OF THE EXECUTIVE ENGINEER, L.S.G.D. DIVISION, KANNUR ADDRESSED TO THE 1ST RESPONDENT ENCLOSING A COPY OF THE REPORT OF THE VILLAGE OFFICER, KOKKANISSERY. EXT.P11 COPY OF THE SKETCH SUBMITTED BY THE VILLAGE OFFICER, KOKKANISSERY ALONG WITH HIS ENQUIRY REPORT. EXT.P12 COPY OF THE DOCUMENT NO.1193/05 DATED 19/03/2005. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.12774 of 2006 ---------------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT This writ petition is filed by the petitioner challenging Ext.P6 order of the Ombudsman for Local Self Government Institutions, whereby the petitioner has been directed to demolish part of the building constructed by him in violation of the Kerala Building Rules. 2. The learned counsel for the petitioner submits that the petitioner has subsequently transferred the property to somebody else, who in turn has transferred the same to somebody else and therefore, the petitioner is no more interested in pursuing this writ petition. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd