Disposed

P.Retnakumari v. the District Collector

Kerala HC23 Mar 2022WP(C)/8824/2022

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by a widow operating a public telephone and photostat booth on government hospital premises. The petitioner sought to relocate the booth after being notified thereof due to National Highway widening. The court directed the Superintendent to consider the petitioner's representation for an alternate space and decide within one month.

What did the court decide?

The 3rd respondent directed to consider the petitioner's representation in Ext.P4 and take appropriate decision within one month.

P.Retnakumari Vs the District Collector — Public Procurement and Tenders | Kerala HC (2022)

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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 N.NAGARESH

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WEDNESDAY, THE 23^RD DAY OF MARCH 2022/2ND CHAITHRA, 1944

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WP(C) NO. 8824 OF 2022

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PETITIONER:

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P.RETNAKUMARI, AGED 54 YEARS, W/O. LATE ISSAC MATHEW, PARAMBIL KOICKAL, MARUTHOORKULANGARA SOUTH, ALUMKADAVU P.O., KARUNAGAPALLY, KOLLAM DISTRICT.

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BY ADV N.SUNIL JOSEPH

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, COLLECTORATE P.O., KOLLAM, KOLLAM DISTRICT, PIN – 691 013.

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2 THE DISTRICT MEDICAL OFFICER (HELATH), OFFICE OF THE DISTRICT MEDICAL OFFICER (HEALTH), KOLLAM, KOLLAM DISTRICT, PIN – 691 013.

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3 THE SUPERINTENDENT, TALUK HEADQUARTERS HOSPITAL, KARUNAGAPPALLY, KARUNAGAPPALLY (P.O.), KOLLAM DISTRICT, PIN – 690 544.

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SMT.PARVATHY KOTTOL GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.8824/2022

JUDGMENT

Dated this the 23^rd day of March, 2022

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The petitioner, who is running a public telephone booth in the premises of the Taluk Headquarters Hospital premises at Karunagappally in Kollam District, is before this Court seeking to direct the 3^rd respondent to allocate a suitable place to the petitioner, for relocating her public telephone booth and photostat booth in the premises of Taluk Headquarters Hospital at Karunagappally.

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The petitioner states that she is a widow and her family is depending on the income derived from the public telephone booth operated by the petitioner in the premises of Taluk Headquarters Hospital, Karunagappally. The petitioner has been running the booth since the year 1995. The respondents permitted the petitioner to operate a

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WP(C) No.8824/2022

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photostat machine also later in the year 2015.

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Due to the widening of National Highway-47, the 3^rd respondent has issued a notice to the petitioner, directing to relocate the public telephone and photostat booth functioning in the premises of the Taluk Headquarters Hospital at Karunagappally within 30 days. The petitioner immediately approached the 3^rd respondent with Ext.P4 representation seeking to provide the petitioner alternate space to relocate the public booth.

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The petitioner submits that she is running the booth from the year 1995 and the said public booth is the only source of income for the petitioner, who is a widow. In the circumstances, the 3^rd respondent is compellable to consider the request made by the petitioner.

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I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

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WP(C) No.8824/2022

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Taking into consideration the facts of the case,

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this Court is of the view that the 3^rd respondent should consider the request made by the petitioner in Ext.P4 and take appropriate decision thereon, in accordance with law.

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In the circumstances, the writ petition is disposed of directing the 3^rd respondent to consider Ext.P4 representation submitted by the petitioner and take appropriate decision thereon within a period of one month.

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Sd/- N. NAGARESH JUDGE

ncd/26.03.2022

WP(C) No.8824/2022

APPENDIX OF WP(C) 8824/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY	OF THE RECEIP	T DATED
	02.11.1995 TELECOMMUNI DISTRICT.	ISSUED FROM DEPA CATION, KOLLAM	RTMENT OF TELECOM
Exhibit P2	TRUE COPY	OF THE RECEI	T DATED
	11.06.2021	ISSUED BY THE	HOSPITAL
	MANAGEMENT HEADQUARTER KARUNAGAPAL	COMMITTEE, S HOSPITAL LY.	TALUK AT
Exhibit P3	TRUE COPY 22.12.2022	OF THE NOTIC OF THE 3RD RESPOND	E DATED ENT.
Exhibit P4	TRUE COPY O 02.02.2022 BEFORE THE	F THE REPRESENTAT OF THE PETITION 3RD RESPONDENT.	ION DATED ER FILED
Exhibit P5	TRUE COPY	OF THE JUDGME	NT DATED
	23.02.2022 THIS HON'BL	IN WP(C) NO. 548 E COURT.	0/2022 OF

P.Retnakumari v. the District Collector

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P.Retnakumari v. the District Collector

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