Disposed

Krishnan Nair and Sons Jewellers v. Corporation of Thiruvananthapuram

Kerala HC25 Jul 2018WP(C)/17141/2018

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought quashing of a notice to remove advertisement hoardings and directed consideration of their objection. The Court directed the Corporation to decide the objection within one month of the judgment. An interim order remains in force.

What did the court decide?

Direction to the Corporation to consider the petitioner's objection within one month and not to take coercive steps until considered.

Krishnan Nair and Sons Jewellers Vs Corporation… — Municipal and Town Planning | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940

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WP(C).No. 17141 of 2018

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PETITIONER

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KRISHNAN NAIR AND SONS JEWELLERS, PADSMAVILASOM ROAD, FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING PARTNER BRINDA SURESH.

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BY ADVS.SRI.G.SUDHEER SMT.N.P.ASHA

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RESPONDENTS:

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1. CORPORATION OF THIRUVANANTHAPURAM CORPORATION BUILDING, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDING, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695 033.

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3. REVENUE OFFICER, CORPORATION OF THIRUVANANTHAPURAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695 033.

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R1 TO R3 BY ADV. SRI.P.K.MANOJKUMAR,SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17141 of 2018 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 08.05.2018.

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EXHIBIT P2 TRUE COPY OF REPLY DATED 23.05.2018 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS NIL

/TRUE COPY/

PA TO JUDGE

sdr/27.7.18

SHAJI P. CHALY, J.

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W.P.(C). No. 17141 OF 2018

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Dated this the 25^th day of July, 2018

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:-

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“i) Issue a writ of certiorari to call for records pertaining to Ext.P1 and quash the same.

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ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the second respondent to consider Ext.P2 within a specific time limit and not to take coercive steps until Ext.P2 is considered.”

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Petitioner is in occupation of building No. TC 37/335 and 336. Petitioner is served with Ext.P1 notice stating that petitioner has installed advertisement hoardings in the puramboke property, within the limits of the first respondent Corporation and directed the petitioner to remove the same failing which the Corporation will take coercive action to remove the same. Being confronted with such a situation, petitioner has submitted Ext.P2 objection before the Corporation, which is pending consideration.

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W.P.(C). No. 17141 of 2018 2

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The Corporation has filed a detailed statement refuting the allegation, claims and demands raised by the petitioner. However, I am not traversing through the same, in view of the limited nature of order I propose to pass.

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There will be a direction to the first respondent Corporation to attain finality to Ext.P1 notice taking into account Ext.P2 objection submitted by the petitioner, at the earliest, and at any rate, within one month from the date of receipt of a copy of this judgment. When this writ petition has come up for admission, an interim order was granted in favour of the petitioner on 28.05.2018, which is still in force. The said order will continue to be in force till such time the directions are complied with.

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The writ petition is disposed of, accordingly.

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sd/- SHAJI P. CHALY JUDGE

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DCS

Krishnan Nair and Sons Jewellers v. Corporation of Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

Krishnan Nair and Sons Jewellers v. Corporation of Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

What the court decided

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