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Kerala High Court

Ananthapuri Hospitals And Research ... vs Corporation Of Thiruvananthapuram on 7 August, 2023

Author: N.Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
           Monday, the 7th day of August 2023 / 16th Sravana, 1945
                            WP(C) NO. 8177 OF 2023
PETITIONER:

     ANANTHAPURI HOSPITALS AND RESEARCH INSTITUTE, CHACKA NH BYPASS,
     THIRUVANANTHAPURAM, PIN-695024, REPRESENTED BY ITS CHAIRMAN AND
     MANAGING DIRECTOR, DR. A MARTHANDA PILLAI, AGED 76 YEAARS, S/O.
     ANANTHANARAYANA PILLAI, RESIDING AT TC 36/475, ASWINI, PALKULANGARA,
     THIRUVANANTHAPURAM, PIN - 695024

RESPONDENTS:

  1. CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE,
     THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695033
  2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION
     OFFICE, THIRUVANANTHAPURAM, PIN - 695033
  3. NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS PROJECT
     DIRECCTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA , TC36/414(3). NEAR
     NSS HIGHER SECONDARY SCHOOL, PALKULANGARA, PETTAH(P.O.),
     THIRUVANANTHAPURAM, PIN - 695024
  4. THE PROJECTOR DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA ,
     G-5AND6, SECTOR-10, DWARAKA, NEW DELHI, PIN - 110075
  5. DISTRICT COLLECTOR, DISTRICT COLLECTOR'S OFFICE, COLLECTORATE,
     KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695014
  6. THE ASSISTANT COMMISSIONER OF POLICE (TRAFFIC NORTH),
     THIRUVANANTHAPURAM, PIN - 695004
  7. THE DEPUTY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM, PIN - 695036
  8. THE S.H.O., VANCHIYOOR OLICE STATION, THIRUVANANTHAPURAM, PIN-695035
  9. VALSALA, KUNNUMPARAMBIL VEEDU, KARALI, VALLAKKADAVU P.O.,
     THIRUVANANTHAPURAM (SOUGHT TO BE IMPLEADED)
 10. RADHA, PANAYIL VEEDU,VAYYAMOOLA,KARALI, VALLAKKADAVU P.O.,
     THIRUVANANTHAPURAM (SOUGHT TO BE IMPLEADED)
 11. VALSALA, KUNNUMPARAMBIL VEEDU , KARALI, VALLAKKADAVU P.O.,
     THIRUVANANTHAPURAM (SOUGHT TO BE IMPLEADED)
 12. RADHA, PANAYIL VEEDU, VAYYAMOOLA, KARALI, VALLAKKADAVU P.O.,
     THIRUVANANTHAPURAM (SOUGHT TO BE IMPLEADED)


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order, directing the respondents 6 and 7 to
enforce the request of the petitioner to remove the illegal encroachers
from the front of the hospital abutting the National Highway, pendng final
disposal of the above writ petition (civil).


     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
21.03.2023 and upon hearing the arguments of M/S. R.BINDU
 (SASTHAMANGALAM), G.RAJAGOPAL (KUMMANAM) & R.JAYAKRISHNAN, Advocates for
the petitioner, SHRI. SUMAN CHAKRAVARTHY, STANDING COUNSEL for R1 & R2,
SHRI. K.A.SALIL NARAYANAN, Advocate for R4 and of M/S. SAJU J PANICKER &
KURIAN K JOSE, Advocates for R9 & R10, the court passed the following:
                         N. NAGARESH, J.
                 ---------------------------------------
                    W.P.(C) No.8177 of 2023
                 ---------------------------------------
             Dated this the 7th day of August, 2023


                              ORDER

Standing Counsel for the Thiruvananthapuram Corporation would submit that notices were issued to the bunk owners. The Corporation shall file a Statement indicating the date of issuance of notice, the number of persons to whom notices have been issued, the date fixed for hearing the matter and the date on which final orders are passed.

2. Standing Counsel for the National Highways Authority of India also to file a Statement indicating the steps taken in this regard.

Post after two weeks.

Sd/-

N. NAGARESH JUDGE ams