Disposed

Sukumari v. Corporation of Thrissur

Kerala HC2 Jul 2012WP(C)/2597/2012

Case brief

AI extract

What is this about?

A writ petition seeking an order on a pending application for transfer of a bunk shop alleged to be unauthorized. The court directed the corporation to pass orders within six weeks and restrained further removal proceedings.

What did the court decide?

Directed the 1st respondent to pass orders on the pending application within six weeks and restrained initiation of proceedings to remove the bunk shop.

Sukumari Vs Corporation of Thrissur — Kerala HC (2012) — LawSathi Research

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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 ANTONY DOMINIC

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MONDAY, THE 2ND DAY OF JULY 2012/11TH ASHADHA 1934

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WP(C).No. 2597 of 2012 (Y)

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PETITIONER(S):

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SUKUMARI, W/O.LATE GOPALAN, AGED 63 YEARS, KUNDOLY HOUSE CHENNAYAPORA POST, THRISSUR DISTRICT.

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BY ADV. SRI.K.P.SUDHEER

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RESPONDENT(S):

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1. CORPORATION OF THRISSUR

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THRISSUR, OFFICE OF THE CORPORATION OF THRISSUR THRISSUR-680001.

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2. STATE OF KERALA

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REPRESENTED BY ITS SECRETARY

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LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT

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THIRUVANANTHAPURAM-695001.

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R1 BY SRI.BABU JOSEPH KURUVATHAZHA,SC,THRISSUR CO R2 BY GOVT. PLEADER SRI.M.MOHAMMED SHAFI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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02-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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W.P.(C) NO.2597/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1:- COPY OF THE DEATH CERTIFICATE DATED 3-6-2011 ISSUED BY SECRETARY, MUNDATHICODE GRAMA PANCHAYAT.

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EXHIBIT P2:- COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 24-1-2012.

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EXHIBIT P3:- COPY OF THE APPLICATION DATED 28-1-2012 SUBMITTED BY THE PETITIONER BEFORE R1.

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EXHIBIT P4:- COPY OF THE RECEIPT DATED 28-1-2012 ISSUED BY R1.

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RESPONDENTS' EXHIBITS

NIL

//TRUE COPY//

P.A. TO JUDGE

tss

ANTONY DOMINIC, J. ================ W.P.(C) NO. 2597 OF 2012

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===================

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Dated this the 2^nd day of July, 2012

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J U D G M E N T

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Heard the learned counsel for the petitioner and the learned standing counsel appearing for the 1^st respondent.

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Petitioner's husband was alloted a bunk shop by the 1^st respondent Corporation on 7/1/1982. The bunk shop was assigned to door No.TC/6/2776 CVA. Her husband expired on 17/4/11. Since then, the petitioner and her physically handicapped son are continuing the business. They made Ext.P3 application to the Corporation for transfer of ownership. Orders have not been passed. In the meanwhile, alleging that the Corporation is taking steps to remove the bunk on the ground that it is unauthorised, the petitioner has filed this writ petition for appropriate orders.

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Evidently therefore, Ext.P3 application is still pending. Therefore, Corporation will have to pass orders thereon. This the 1^st respondent shall do as expeditiously as possible, at any rate, within 6 weeks of production of a copy of this judgment along with a copy of the writ petition.

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WPC.No.2597/12

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:2 :

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It is directed that in the meanwhile, no further proceedings for removing the aforesaid bunk from the present location shall be initiated.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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Sukumari v. Corporation of Thrissur

Case brief

What is this about?

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Sukumari v. Corporation of Thrissur

Case brief

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