The court heard a writ petition challenging non-decision on a hoarding permit by Southern Railway. An interim order directing remittance of fees to permit display was converted to a final order, disposing of the petition.
The interim order directing remittance of fees to permit hoarding display was made absolute and the writ petition was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936
WP(C).No. 746 of 2007 (L)
PETITIONER(S):
S.LINKLAL, PROPRIETOR, LAL ADVERTISING, MUKHATHALA KOLLAM 691 577.
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENT(S):
1. UNION OF INDIA, REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY CHENNAI.
2. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE TRILVANDRUM.
*** ADDL.R3 IMPLEADED**
3. A.M.SALI, DIRSHYA ADVERTISERS, ADHUTHIYA NAGAR, H.NO.78 KANNIMEL, KUVANAD P.O., KOLLAM.
IS IMPLEADED AS ADDL.R3 AS PER ORDER DTD.26/2/2007 IN IA.2583/07.
R1 BY ADV. SRI.N.NAGARESH, ASG R3 BY ADV. SRI.S.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 746 of 2007 (L)
APPENDIX
PETITIONERS' EXHIBITS
RESPONDENTS' EXHIBITS & ANNEXURES
ANNEXURE 1: COPY OF THE LETTER DATED 4/10/2006
ANNEXURE 2: COPY OF THE LETTER DATED 16/10/2006
ANNEXURE 3: COPY OF THE LETTER DATED 29/12/2006
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON, J.
W.P.(C) No.746 of 2007
Dated this the 5th day of January, 2015
JUDGMENT
The petitioner filed an application for permission to erect a hoarding as per Ext.P1. According to the petitioner, despite the feasibility report submitted as early as in September, 2006 no decision was taken by the Railways on Ext.P1 and it was understood that steps were being taken to allow the space to a stranger. This made the petitioner to approach this Court by filing the writ petition.
W.P.(C) No.746 of 2007
2
Court by passing an interim order in the following terms:
“After hearing the case at some length, counsel for the Railways seeks time to file an additional Counter Affidavit to the amended writ petition filed by the petitioner. In paragraph 10 of the statement filed by the Railways, it is stated as follows:
'If the petitioner is interested, he may remit the money as required under Annexure-I and in that case he would also be permitted to display a hoarding in the site as specified in Annexure-I.'
Learned counsel confined that the Railways are still willing to comply with the above commitment in the statement.
Accordingly, there will be an interim order that if the petitioner makes remittance of the amount as specified in Annexure-I within ten days from today, he will be permitted to put up a hoarding in the site as specified in Annexure-I. On remittance of the amount, necessary permission will be given within one week.”
In the said circumstances, the interim order is made absolute and the writ petition is disposed of accordingly.
P.R. RAMACHANDRA MENON, JUDGE
sp
S. Linklal
Union of India
Senior Divisional Commercial Manager
A.M. Sali
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
