Kerala High Court
Sri.Xavier George N.J. Aged 41 Years vs State Of Kerala on 21 July, 2014
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 18TH DAY OF NOVEMBER 2014/27TH KARTHIKA, 1936
WP(C).No. 30528 of 2014 (M)
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PETITIONER(S):
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SRI.XAVIER GEORGE N.J. AGED 41 YEARS
NADUVILE HOUSE, LFC ROAD, NORTH KALOOR
ERNAKULAM DISTRICT.
BY ADVS.SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY
LOCAL SELF GOVERNMENT DEPARTMENT
GOVERNMENT SECRETARIAT ANNEX, THIRUVANANTHAPURAM
PIN - 695 001.
2. CORPORATION OF COCHIN
ERNAKULAM, REPRESENTED BY ITS SECRETARY
PIN - 682 011.
R1 BY SHERIN SHAJI, GOVERNMENT PLEADER
R2 BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION
R2 BY SRI V.C. ABDUL GAFOOR, SC COCHIN COROPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 30528 of 2014 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: COPY OF THE INFORMATION RECEIVED BY THE PETITIONER UNDER
RIGHT TO INFORMATION ACT WITH REGARD TO LITTLE FLOWER
CHURCH ROAD.
EXHIBIT P2: COPY OF THE INFORMATION RECEIVED UNDER RIGHT TO
INFORMATION ACT WITH REGARD TO PERANDOOR ROAD.
EXHIBIT P3: COPY OF THE REPRESENTATION DATED 21/07/2014.
EXHIBIT P4: COPY OF THE AD CARD SIGNED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS: N I L
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//TRUE COPY//
P.A. TO JUDGE
JV
P.B.SURESH KUMAR, J.
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W.P.(C) No.30528 of 2014
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Dated this the 18th day of November, 2014
JUDGMENT
The grievance of the petitioner in the writ petition concerns the erection of a new name board for the 'Little Flower Church Road', within the limits of the second respondent Corporation.
2. According to the petitioner, though he has submitted Ext.P3 representation to the 2nd respondent requesting him to take appropriate action in the matter, the 2nd respondent has not taken any action on the representation of the petitioner. The petitioner, relying on Section 379 of the Kerala Municipality Act, contended that the Municipality has a duty to see that no person shall, without lawful authority, destroy or rename any name board.
3. In so far as Ext.P3 representation filed by the petitioner is pending before the 2nd respondent, according to me, it is for the 2nd respondent to take appropriate action on the same. W.P.(C) No. 30528/2014 2
In the result, the writ petition is disposed of directing the 2nd respondent to take appropriate action on Ext.P3 representation of the petitioner in accordance with law, within one month from today.
Sd/-
P.B. SURESH KUMAR,
JV JUDGE