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Judgment
A.J. Desai, C.J
By way of the present petition, in the nature of public interest, the petitioner, who claims to be a sports person, has challenged the resolution passed by the respondent Municipality dated 27.12.2022 by which the proposal of laying down the road work has been approved by the Municipal Council.
In response to the notice, the respondent Municipality has filed counter affidavit dated 12.02.2024. It is stated therein that resolution No.15 dated 27.12.2022 has been cancelled on 02.12.2023 and therefore, nothing survives in this writ petition.
We heard learned Advocates appearing for the respective parties.
The specific case put forward by the Municipality in paragraphs 5 and 6 of the counter affidavit is reproduced hereinbelow:
“5. It is submitted that the Municipal Council of the Muvattupuzha Municipality by Resolution No.15 dated 27/12/2022 granted consent for construction of 220 m road with 10 width near the Muvattupuzha Municipal Stadium and bridge across the nearby Thodu at the expense of the Kerala State Warehousing Corporation itself subject to the condition that the entire rights pertaining to the road would vest in the Municipality. It was also further resolved to hold further discussions regarding further steps in the matter. This was based on the communications dated 9/5/2022 of the General Manager of the Kerala warehousing corporation as well as 16/11/2022 of it's Chairman. Further discussions did not take place on the subject. While the matter stood thus contrary to the Resolution no. 15 dated 27/12/2022 the Kerala State Warehousing Corporation tendered the work and communicated a copy of the notice dated 4/11/2023 given to the contractor for execution of the agreement to the Municipality.
Under such circumstances, Resolution No.15 dated 27/12/2022 was cancelled by the Municipal Council of the Muvattupuzha Municipality by Resolution No 1/1 dated 2/12/2023. It is submitted that Resolution No.15 dated 27/12/2022 was cancelled by the Municipal Council of the Muvattupuzha Municipality by Resolution No.1/1 dated 2/12/2023 for the reasons that the Kerala State Warehousing Corporation acted contrary to the Resolution No.15 dated 27/12/2022 as well as the proposed construction of road would adversely affect the indoor stadium project for which administrative sanction has been accorded. It is further submitted that the ownership and possession of the property through which the road in question was proposed to be constructed is with the Muvattupuzha Municipality itself and has not been handed over to the Kerala State Warehousing Corporation.”
In view of the above, nothing survives for further adjudication in the present petition. Hence, it is dismissed.
Pending interlocutory applications, if any, shall stand closed.