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Kerala High Court

S. Manoj vs The District Collector on 9 January, 2012

Author: Harun-Ul-Rashid

Bench: Harun-Ul-Rashid

       

  

  

 
 
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

              THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

      THURSDAY, THE 22ND DAY OF NOVEMBER 2012/1ST AGRAHAYANA 1934

                      WP(C). No. 5077 of 2012 (H)
                       --------------------------

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

         S. MANOJ, AGED 37 YEARS
         S/O. SREEDHARAN, MATHILITTATHARAYIL,
         KOMBAYAR. P.O., IDDUKKI DISTRICT

         BY ADV. SRI. P.C. SASIDHARAN

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

     1.  THE DISTRICT COLLECTOR,
         OFFICEOF THE DISTRICT COLLECTOR
         IDDUKKI, PIN 685602

     2.  THE REGIONAL TRANSPORT OFFICER,
         KATTAPPANA, IDDUKKI DISTRICT, PIN 685508

     3.  THE NEDUMKANDAM GRAMA PANCHAYAT,
         REPRESENTED BY ITS SECRETARY, MNEDUMKANDAM
         IDUKKI DISTRICT  PIN 685553

     4.  THE SUPERINTENDENT OF POLICE,
         IDDUKKI DISTRICT PIN 685602

     5.  THE CIRCLE INSPECTOR OFPOLICE,
         OFFICE OF THE CIRCLE INSPECTOR OF POLICE
         NEDUMKANDAM, PIN 685553

     6.  SHIBU,
         CHERIKUNNEL HOUSE, UNIT PRESIDENT
         INTUC NEDUMKANDAM PIN 685553

     7.  M.N. GOPI,
         TREASURER,  I.N.T.U.C, IDUKKI DISTRICT COMMITTEE
         IDDUKKI PIN 685602

         R1,R2,R4 & R5 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAFI M.
         R3 BY ADV. SRI. S. DILEEP (KALLAR)

          THIS WRIT PETITION (CIVIL)  HAVING BEEN FINALLY HEARD  ON
22-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C). No. 5077 of 2012 (H)


                             APPENDIX




PETITIONER'S EXHIBITS:-

EXT.P1     -     COPY OF OWNERSHIP CERTIFICATE ISSUED IN FAVOUR OF
                 SRI.AJAYAN

EXT.P2     -     COPY OF THE LEASE DEEDEXECUTED BY SRI.AJAYAN IN FAVOUR
                 OF THE PETITIONER

EXT.P3     -     PHOTOGRAPHS EVIDENCING THE UNAUTHORIZED PARKING

EXT.P4     -     COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST
                 RESPONDENTS

EXT.P5     -     COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND
                 RESPONDENTS

EXT.P6     -     COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4TH
                 RESPONDENTS

EXT.P7     -     COPY OF THE APPLICATION DATED 09.01.2012SUBMITTED
                 BEFORE THE 3RD RESPONDENT UNDER THE R.T.I ACT

EXT.P8     -     COPY OF THE REPLY RECEIVED BY THE PETITIONER DATED
                 28/01/2012

EXT.P9     -     COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER
                 BEFORE THE 5TH RESPONDENTS

EXT.10     -     COPY OF THE PROCEEDINGS OF THE MINUTES OF THE SAID
                 MEETING DATED 04/02/2012



RESPONDENTS' EXHIBITS:- NIL



                                                    //TRUE COPY//




                                                    P.A. TO JUDGE


sp



                              HARUN-UL-RASHID,J.
                 -------------------------------------------------------
                          W.P.(C) No.5077 of 2012
                 ---------------------------------------------------------
               Dated this the 22nd day of November 2012

                                     JUDGMENT

The writ petition is filed seeking a direction directing the respondents 1 to 5 to see that the unauthorised parking of autorikshaws in front of the road abutting the land and building No. IX/31E situated in Nedumkandam Town under the Nedumkandam Grama Panchayath causing obstruction to the free ingress and egress of vehicles to the building premises are removed forthwith and for other incidental reliefs.

2. This Court by interim order dated 1.3.12 ordered the District Collector Idukki to conduct an enquiry in to the matter and to issue appropriate instructions to 5th respondent, if there is any substance in the grievance to ensure that access to the petitioner's building is not obstructed. The District Collector after enquiry submitted a report stating that no obstruction is caused to the access to the building referred in the writ petition. In the circumstance, no further orders are required in the writ petition.

The writ petition is closed.

Sd/-

HARUN-UL-RASHID JUDGE al/-