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[Cites 1, Cited by 1]

Kerala High Court

P. Sreekumary vs Union Of India on 20 September, 2012

Author: T.R. Ramachandran Nair

Bench: T.R. Ramachandran Nair

       

  

  

 
 
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

           THE HONOURABLE MR. JUSTICE T.R. RAMACHANDRAN NAIR

        FRIDAY, THE 9TH DAY OF NOVEMBER 2012/18TH KARTHIKA 1934

                      WP(C). No. 25890 of 2012 ()
                       --------------------------

PETITIONER:
----------

         P. SREEKUMARY, AGED 56 YEARS
         'SREENIDHI', VAIDYASLA NAGAR-459,
         ASRAMAM P.O. KOLLAM 691002.

         BY ADVS. SRI. SHABU SREEDHARAN
                  SRI. AVANEESH KOYIKKARA
                  SRI. TONY THOMAS (INCHIPARAMBIL)

RESPONDENTS:
-----------

     1.  UNION OF INDIA
         REPRESENTED BY THE SECRETARY OF COMMUNICATIONS
         (POST AND TELEGRAPH), CENTRAL SECRETARIAT
         NEW DELHI.

     2.  THE SENIOR SUPERINTEND OF POST OFFICES,
         KOLLAM DIVISION, KOLLAM -691001.

     3.  THE SUB POST MASTER
         ASRAMAM POST OFFICE, KOLLAM 691002.

         BY ADV. SRI. P. PARAMESWARAN NAIR, ASG OF INDIA

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION ON
      09-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C). No. 25890 of 2012 ()


                               APPENDIX


PETITIONER'S EXHIBITS:-


EXHIBIT P1 -     COPY OF THE LETTER SENT TO THE DIRECTOR, ESI
                 CORPORATION DATED 20.09.2012.


EXHIBIT P2 -     COPY OF THE LETTER SENT TO THE DEPUTY COMMISSIONER OF
                 COMMERCIAL TAX DATED 27.09.2012.


EXHIBIT P3 -     COPY OF THE LETTER OF OFFER GIVEN BY S. LISSY DATED
                 17.10.2011.


EXHIBIT P4 -     COPY OF THE LETTER OF OFFER GIVEN BY RUBY JOSE DATED
                 11.02.2012.


RESPONDENTS' EXHIBITS:- NIL



                                                    //TRUE COPY//




                                                    P.A. TO JUDGE


sp



                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                  W.P.(C) No.25890 OF 2012
               ---------------------------------------
          Dated this the 9th day of November, 2012.


                          J U D G M E N T

This writ petition is filed by the petitioner aggrieved by the proposed shifting of a Post Office. It is averred in the writ petition that in the Kollam Postal Division, Asramam Post Office has been established in the year 1956 and 3500 families are residing in the area and there are more than 25 Government Offices functioning in the said area. Therefore, Post Office is required in the said area. It is stated that the respondents are taking hasty steps to close down the Post Office.

2. Learned Assistant Solicitor General of India submitted that it is evident from Ext.P1 that the landlord of the present building demanded immediate vacation as the building is in a dilapidated condition. It is stated therein that though efforts were made to locate suitable building at Asramam, respondents could not find out any building so far. They are looking for a suitable building for shifting.

W.P.(C) No.25890/2012 2

3. As far as the plea of the petitioner is concerned, any person who requires the service of the Post Office cannot insist that the post office should be located in a particular locality. The service rendered by the postal department is well known to everybody and merely because the office is shifted, nobody will lose such service as sufficient arrangements will be made every time to provide service.

Therefore, I do not find any reason to interfere the proposed shifting of the Post Office and apart from that under Article 226 of the Constitution of India, this Court cannot sit in appeal over such decisions which are well within the realm of authorities concerned.

This writ petition is dismissed.

T.R. RAMACHANDRAN NAIR JUDGE smp