Dismissed

Rajesh.R, v. District Collector

Kerala HC15 Mar 2019WP(C)/3582/2019

Case brief

AI extract

What is this about?

This writ petition challenged an obstruction caused by stage construction on a public road. The petitioner sought directions to ensure free traffic movement and action on a pending police complaint. The court held that the Corporation had the power under the Kerala Municipality Act to lease road margins for temporary purposes and directed the petitioner to make an application to the Corporation. T

What did the court decide?

The petitioner was directed to apply to the Kollam Corporation for permission regarding the stage construction.

Rajesh.R, Vs District Collector — Landlord and Tenant | Kerala HC (2019)

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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 SHAJI P.CHALY

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FRIDAY ,THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940

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WP(C).No. 3582 of 2019

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PETITIONER:

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RAJESH.R, AGED 39 YEARS SOUPARNIKA, KAIRALI NAGAR, 69A, HOUSE NO.1040, THIRUMULLAVARAM P.O., KOLLAM- 691012.

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BY ADVS. SRI.K.S.HARIHARAPUTHRAN SMT.BHANU THILAK SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH

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RESPONDENTS:

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1 DISTRICT COLLECTOR, KOLLAM- 691013.

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2 REVENUE DIVISIONAL OFFICER, KOLLAM- 691013.

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3 SI OF POLICE, WEST POLICE STATION, KOLLAM- 691013.

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4 KOLLAM CORPORATION, KOLLAM- 691013, REPRESENTED BY ITS SECRETARY.

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5 KAIRALI NAGAR RESIDENTS ASSOCIATION (REGN.NO.758/99), MULANGADAKAM, KOLLAM- 691012, REPRESENTED BY ITS SECRETARY.

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6 DISTRICT POLICE CHIEF, KOLLAM- 691013.

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BY ADVS.

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SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT SRI.P.R.MILTON

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3582 of 2018

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J U D G M E N T

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This writ petition is filed by the petitioner

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seeking the following reliefs:

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i) issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1, 2, 3 and 5 to ensure that no obstruction is caused to the free vehicular movement by way of construction stage or otherwise on the roads within the 5^th respondent.

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ii) Issue a writ of mandamus or other appropriate writ, order or direction to the respondents to consider Ext.P3 and to take appropriate action thereon.

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iii) Such other relief's which this Hon'ble Court deems fit and necessary in the circumstances of the case and the costs of this case.

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The grievance highlighted by the petitioners

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is in respect of construction of a stage on the

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public road to conduct a public function. The public function is over. An interim order is passed by this

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court to ensure that, no traffic is blocked consequent to the construction of stage.

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On evaluating the relief sought for by the

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petitioner, petitioner has only sought for ensuring free movement of traffic. However, learned counsel

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for petitioner submitted that, it is a recurring

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WP(C).No. 3582 of 2018

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affair during the past several years and Ext.P3 is pending before the S.I. Of Police, West Police Station, Kollam. However, I am of the considered opinion that, there is power conferred on the Corporation in accordance with the provisions of Kerala Municipality Act, 1994 and the appended Rules to lease out the road margin as well as other areas for temporary purposes. In that view of the matter, if the petitioner makes any application before the Kollam Corporation, it will be considered in accordance with law.

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Writ petition is disposed of accordingly.

Smv 15.3.2019

SHAJI P.CHALY

JUDGE

WP(C).No. 3582 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE PHOTOCOPY OF THE INJUNCTION ORDER IN I.A.NO.691/2012 IN O.S.NO.4041/2012 DATED 12.10.2012 OF MUNSIFF'S COURT, KOLLAM.
EXHIBIT P2	TRUE PHOTOCOPY OF THE ORDER DATED 29.10.2012 BEARING NO.LDIS.10018/2012/D ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3	TRUE PHOTOCOPY OF THE COMPLAINT DATED
	19.01.2019 ALONG WITH THE RECEIPT BEARING NO.7206/19 ISSUED BY THE 3RD RESPONDENT.

Rajesh.R, v. District Collector

Case brief

What is this about?

What did the court decide?

Rajesh.R, v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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