Disposed

V.C.Mathew & Another v. State of Kerala and Others

Kerala HC9 Jul 2010WP(C)/15075/2010

Case brief

AI extract

What is this about?

Writ petition challenging inaction by Kalamassery Municipality to remove unauthorized name boards violating Section 379 of Kerala Municipality Act. Court directed authorities to consider petitioners' requests and take action within one month.

What did the court decide?

Direction to Respondents 2 and 3 to consider Exts.P1 and P3 and take action in accordance with law within one month.

V.C.Mathew & Another Vs State of Kerala and Others — Municipal and Town Planning | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

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FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932

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WP(C).No. 15075 of 2010(H)

PETITIONER(S):

V.C.MATHEW, S/O.LATE ITTY AVIRAHA, AGED 66 YEARS, PARANGOT HOUSE, M.A.SAJEEVAN ROAD, EDAPPALLY TOLL, KOCHI-682024.

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K.NIZAR, S/O.LATE KHADER, AGED 42 YEARS, REENA MANZIL, EDAPALLY.P.O, KOCHI-682024.

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BY ADV. SRI.SHAJI P.CHALY

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM.

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KALAMASSERY MUNICIPALITY, KALAMASSERY, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY.

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THE SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY, ERNAKULAM DISTRICT.

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T.T.DINESH, COUNSELOR, WARD NO.32, KALAMASSERY MUNICIPALITY, KALAMASSERY, ERNAKULAM DISTRICT.

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ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R-4

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R1 BY G.P. SMT. K.R. DEEPA, R2 & R3 BY ADV. SHRI M.K. ABOOBAKER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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T.R. Ramachandran Nair, J.

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W.P.(C) No. 15075 of 2010-H

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Dated this the 9th day of July, 2010.

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JUDGMENT

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The petitioners are aggrieved by the inaction on the part of the Municipality to remove the name board and sign fixed in the bye-road in which the petitioners and other residents are residing, viz. “M.A. Sajeev Bye-road” in Ward No.32 of Kalamassery Municipality. It is alleged that the same is in violation of Section 379 of the Kerala Municipality Act.

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The allegation raised in the writ petition is that the road in question was known as 'Godown Road' which was renamed as “M.A. Sajeevan Road” and presently, the said road was renamed as “M.A. Sajeevan Bye-road” at the instance of the 4^th respondent.

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Heard learned Standing Counsel for the Municipality as well as learned counsel appearing for the 4^th respondent.

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It is up to the authorities of the Municipality to consider the various aspects in the light of the statutory provisions. The petitioners have already moved the Municipality by Exts.P1 and P3.

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There will be a direction to respondents 2 and 3 to consider Exts.P1 and P3, take action in accordance with law and appropriate directions will

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wpc 15075/2010

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be issued to the concerned parties after taking a suitable decision in the matter, within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above. No costs.

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(T.R. Ramachandran Nair, Judge.)

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kav/

V.C.Mathew & Another v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

V.C.Mathew & Another v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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