A writ petition challenging road tarring work by the Kollam Corporation during on-going civil litigation. The Court held that remedies should be sought in the District Court but stayed the work for 10 days.
Petitioner directed to seek remedies from the District Court. Kollam Corporations directed not to conduct tarring work for 10 days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
MONDAY, THE 2ND APRIL 2007 / 12TH CHAITHRA 1929
WP(C).No. 11318 of 2007(V)
PETITIONERS:
BY ADV. SRI.T.M.RAMAN KARTHA
RESPONDENTS:
R1 BY ADV. SRI. M.K. CHANDRAMOHAN DAS, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE, J.
W.P.(C) No. 11318 OF 2007
Dated this the 2nd day of April, 2007
JUDGMENT
Sri.Chandramohan Das, Standing Counsel takes notice on behalf of Kollam Corporation.
The grievance of the petitioner is that even though the writ in question is the subject matter of the on going civil litigation before the District Court, Kollam by way of a regular Civil Appeal, the Corporation is going ahead with tarring of road in implementation of Ext.P5. As rightly submitted by the Standing Counsel Ext.P7 will show that in view of the on going civil litigation in respect of the road in question, it is stated that follow up action will not be taken. I dispose of the Writ Petition directing the writ petitioner to seek his remedies from the District Court. However, there will be a direction to the Corporation not to conduct any tarring work on the road in question for a period of 10 days from today.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2
2 issues framed by the court
Whether the Corporation can proceed with road tarring during on-going civil litigation.
Whether extraordinary relief is necessary or if the Petitioner should seek remedies from the District Court.
SHAJAHAN
NOORJAHAN
MUNICIPAL CORPORATION, KOLLAM
NOORJAHAN
THAJUDEEN
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
