Kerala High Court
Unknown vs Present on 19 December, 2017
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
WP(C).No. 32951 of 2017
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PETITIONER(S)
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1 SINDHU RADHAKRISHNAN
W/O. P.R.RADHAKRISHNAN, AGED 47 YEARS,
PROPRITOR, SHINES JEWELLARY,
PUNTHALA SHOPPING CENTRE KSRTC JN. ADOOR PO.,
PATHANAMTHITTA DISTRICT PIN-691523
2 ANIL UMMAN
S/O. OMMACHAN AGED 47 YEARS,
PROPRITOR, BOOK STOP, BOOK STALL,
PUNTHALA SHOPPING CENTRE KSRTC JN. ADOOR PO.,
PATHANAMTHITTA DISTRICT PIN-691523
3 REEJA.T.K
W/O. RATNAKARAN AGED 46 YEARS,
PROPRITOR, SKY BEAUTY CARE,
PUNTHALA SHOPPING CENTRE KSRTC JN. ADOOR PO.,
PATHANAMTHITTA DISTRICT PIN-691523
4 JOHN THOMAS
S/O. THOMAS, AGED 52 YEARS, MANAGER,
STEPS BAKERS, PUNTHALA SHOPPING CENTRE KSRTC JN. ADOOR
PO.,
PATHANAMTHITTA DISTRICT PIN-691523
5 JAYA THILAKAN
S/O. PADMANABHAN, AGED 65 YEARS,
PROPRITOR, THILAK STUDIO,
PUNTHALA SHOPPING CENTRE KSRTC JN. ADOOR PO.,
PATHANAMTHITTA DISTRICT PIN-691523
6 P.K.JACOB
AGED 67 YEARS, MANAGER, KARUNYA MEDICALS,
PUNTHALA SHOPPING CENTRE KSRTC JN. ADOOR PO.,
PATHANAMTHITTA DISTRICT PIN-691523
7 SABICHAN KURIAKOSE
S/O. KURIAKOSE, AGED 26 YEARS,
BRANCH MANAGER OXYGEN DIGITAL SHOP,
PUNTHALA SHOPPING CENTRE KSRTC JN. ADOOR PO.,
PATHANAMTHITTA DISTRICT PIN-691523
WP(C).No. 32951 of 2017
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8 V.J.THOMAS
S/O.JOSEPH AGED 54 YEARS,
PROPRITOR, PONNIYIL FLOWER STORE,
PUNTHALA SHOPPING CENTRE KSRTC JN. ADOOR PO.,
PATHANAMTHITTA DISTRICT PIN-691523
9 P.A.MATHEWS
S/O. P.A.ALEXANDER AGED 69 YEARS,
PUNTHALA JO VILLA, PUNTHALA SHOPPING CENTRE KSRTC JN.
ADOOR PO.,PATHANAMTHITTA DISTRICT PIN-691523
BY ADV.SRI.K.K.SETHUKUMAR
RESPONDENT(S):
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1. ADOOR MUNICIPALITY
REPRESENTED BY THE SECRETARY,
ADOOR PO. PATHANAMTHITTA DT. 691523
2. THE SECRETARY
ADOOR MUNICIPALITY ADOOR PO.,
PATHANAMTHITTA DT.691523
3. THE ASST. EXECUTIVE ENGINEER (ROADS)
PWD ROADS, ADOOR, ADOOR PO.,
PATHANAMTHITTA DT.691523
4. THE DEPUTY SUPERINTEND OF POLICE
ADOOR, ADOOR PO.,
PATHANAMTHITTA DT.691523
5. THE SUB INSPECTOR OF POLICE
ADOOR, ADOOR PO.,
PATHANAMTHITTA DT.691523
*ADDL.R6. ABU BACKER, AGED 65 YEARS,
ATH'S PALLIPARA, KANNAMKODU ADOOR, PIN - 691 523
*ADDL.R7. ABDUL DALAM, AGED 55 YEARS
ZAMZAM MANZIL, KANNAMKODU ADOOR, PIN - 691 523
* ADDITIONAL R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 19.12.2017 IN
I.A.NO.17352/2017
ADDL 6,R7 BY ADV. SRI.P.A.MOHAMMED SHAH
ADDL 6,R7 BY ADV. SRI.K.ARJUN VENUGOPAL
ADDL 6,R7 BY ADV. SMT.MARY RESHMA GEORGE
ADDL 6,R7 BY ADV. SMT.V.A.HARITHA
ADDL 6,R7 BY ADV. SMT.P.M.MAZNA MANSOOR
R3 TO R5 BY ADV.SRI. PAUL ABRAHAM VAKKANL, GOVERNMENT PLEADER
R1 & R2 BY ADV.SRI.K.SHAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32951 of 2017 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE RECEIPT NO.01/11614111769 DATED
22.03.2017 OF PAYMENT OF LICENSE RENEWAL FEE
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2: TRUE COPY OF THE LICENSE NO.656(16-17) DATED
13.03.2017
EXHIBIT P3: TRUE COPY OF THE RECEIPT NO.01/11614111390 DATED
09.032017 OF PAYMENT OF LICENSE RENEWAL FEE
EXHIBIT P4: TRUE COPY OF THE LICENSE NO.316(17-18) DATED
12.06.2017 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P5: TRUE COPY OF THE RECEIPT NO.01/11614109309 DATED
11/02/2017 OF PAYMENT OF LICENSE RENEWAL FEE
ISSUE DBY THE 1ST RESPONDENT
EXHIBIT P6: TRUE COPY OF THE LICENSE NO.720 IN THE FILE
NO.H1-6165/08 DATED 07.10.2008
EXHIBIT P7: TRUE COPY OF THE LICENSE NO.1444 IN THE FILE
NO.H1-6897/2017 DATED 11.09.2017
EXHIBIT P8: TRUE COPY OF THE RECEIPT NO.01/11514110866 DATED
24.02.2016 OF PAYMENT OF LICENSE RENEWAL FEE
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P9: TRUE PHOTOCOPY OF THE BUILDING PERMIT NO.BA
NO.302/89-90 DATED 06/01/90 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P10: TRUE COPY OF THE APPLICATION DATED 12.08.2017
EXHIBIT P11: TRUE PHOTOCOPY OF THE AND THE PERMIT ORDER
NO.DB-GL 138/08/DATED 14.08.2017 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P12: PHOTOGRAPHS SHOWING THE UNAUTHORISED
VENDING IN FRONT OF THE SHOP BY OBSTRUCING THE
INGRESS AND EGRESS TO THE SHOP AND DISTURBING
THE PASSNGERS
EXHIBIT P13: TRUE COPY OF THE REPRESENTATION DATED 05.10.2017
FILED BY THE PETITIONERS 1 TO 8 TO 2ND RESPONDENT
EXHIBIT P14; TRUE PHOTOCOPY OF THE REPRESENTATION DATED
05.10.2017 FILED BY THE 9TH PETITIONER TO 2ND
RESPONDENT
EXHIBIT P15: TRUE COPY OF THE RECEIPT NO.8300/2017 DATED
05.10.2017 ISSUED BY THE MUNICIPALITY
WP(C).No. 32951 of 2017
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EXHIBIT P16: TRUE PHOTOCOPY OF THE RECEIPT NO.8301/17 DATED
05.10.2017 ISSUED BY THE MUNICIPALITY
EXHIBIT P17: TRUE PHOTOCOPY OF OF HE COMPLAINT GIVEN TO THE
3RD RESPONDENT DATED 05.10.2017 BY THE
PETITIONERS 1-8
EXHIBIT P18; TRUE PHOTOCOPY OF THE COMPLAINT GIVEN TO THE
3RD RESPONDENT DATED 05.10.2017 BY THE 9TH
PETITIONER
EXHIBIT P19: TRUE PHOTOCOPY OF THE COMPLAINT GIVEN TO THE
3RD RESPONDENT DATED 05.10.2017 BY THE 9TH
PETITIONER
EXHIBIT P20; TRUE PHOTO COPY OF THE COMPLAINT GIVEN TO THE
4TH RESPONDENT DATED 05.10.2017
EXHIBIT P21: TRUE PHOTOCOPY OF THE COMPLAINT GIVEN TO THE
4TH RESPONDENT DATED 05.10.2017
EXHIBIT P22: TRUE COPY OF THE RECEIPT NO.863/DP/17/ASD DATED
05.10.2017 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P23: TRUE COPY OF THE RECEIPT NO.864/DP/17/ASD DATED
05.10.2017 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P24: TRUE COPY OF THE COMPLAINT DATED 05.10.2017
GIVEN TO THE 5TH RESPONDENT BY PETITIONER 1-8
EXHIBIT P25: TRUE COPY OF THE RECEIPT SNO.1269/17 DATED
O5.10.2017
EXHIBIT P26: TRUE COPY OF THE RECEIPT NO.1270/1705/10/2017
ISSUED BY THE 5TH RESPONDENT
RESPONDENT(S) EXHIBITS : NIL
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//TRUE COPY//
P.A.TO JUDGE
nkr
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.32951 of 2017
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th
Dated this the 9 day of April, 2018
JUDGMENT
The limited prayer of the petitioners in the writ petition is for a direction to the 2nd respondent to consider Exts.P13 and P14 representations filed by them, complaining against the alleged unauthorised obstruction caused to the ingress and egress to/from their shops, by respondents 6 and 7.
2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the official respondents of the State and the learned Standing Counsel for the respondent Municipality .
On a consideration of the facts and circumstances of the case and submissions made across the Bar, I dispose the writ petition with a direction to the respondent Municipality to consider and pass orders on Exts.P13 and P14 representations, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioners, respondents 6 and 7 and others likely to be affected by the orders to be passed by the respondent Municipality. -2- W.P.(C) No.32951 of 2017 The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2 nd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE nkr/10.04..2018