Disposed

Rekha Mohanan v. Corporation of Thrissur

Kerala HC10 Jan 2023WP(C)/39905/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the Secretary of the Corporation of Thrissur to consider the petitioner's application and pass orders for removing her immobilized vehicle from a closed workshop within two weeks, disposing of the petition.

What did the court decide?

Direction to the 2nd respondent to consider Ext.P4 and pass orders for removal of the petitioner's vehicle within two weeks.

Rekha Mohanan Vs Corporation of Thrissur — Motor Accident Claims | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 10^TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944

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WP(C) NO. 39905 OF 2022

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PETITIONER:

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REKHA MOHANAN AGED 46 YEARS W/O. MOHANAN, KAIMAPARAMBIL HOUSE, RAMAVARMAPURAM P. O., THRISSUR DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, MANEESH, AGED 34 YEARS, S/O. SHANKARAN, MADATHILPARAMBIL HOUSE, PERINGOTTUKARA, KIZHAKKUMURI, THRISSUR DISTRICT, PIN – 680 631.

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BY ADVS. DINESH MATHEW J.MURICKEN VINOD S. PILLAI NAYANA VARGHESE AHAMMAD SACHIN K.

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RESPONDENTS:

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1 CORPORATION OF THRISSUR MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR, REPRESENTED BY ITS SECRETARY PIN – 680 001.

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2 THE SECRETARY CORPORATION OF THRISSUR, MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR, KERALA, PIN – 680 001. 3 AUTOMAT CUSTOMS PVT. LTD. OPPOSITE POPULAR MEGA MOTORS NH-47, BYPASS, NEAR IOC PETROL BUNK, NADATHARA, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 680 751.

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SRI. SANTHOSH P. PODUVAL - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.39905 OF 2022

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JUDGMENT

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The petitioner is the owner of a motor car bearing registration No.KL-08/BQ 1858. The vehicle was entrusted with the 3 rd respon dent for repair works. Pursuant to the directions by the 2nd respondent, the workshop was closed down. The petitioner is unable to remove her vehicle from the workshop. It is accordingly that the petitioner has approached this Court seeking a direction to the 2^nd respondent to consider Ext.P4 application for removal of the vehicle from the premises in question.

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation.

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As per order dated 13^th August, 2021 in W.P. (C) No.16868/2021, this Court had by way of an interim order permitted the petitioner therein, who i s the 3 rd respondent in the present writ petition, to remove all the

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WP(C).No.39905 OF 2022

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cars which were then inside the premises in question. According to the petitioner, on the strength of the said order, her vehicle could not be removed since the same was not in a moving condition.

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In the light of the aforesaid facts, there will be a direction to the 2^nd respondent - the Secretary of the Corporation to consider Ext.P4 and pass appropriate orders for removal of the vehicle of the petitioner from the premises of the workshop, within a period of two weeks from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.39905 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE CAR BEARING NO.KL-08/BQ-1858 ISSUED FROM THE REGIONAL TRANSPORT OFFICE, THRISSUR DATED 30.09.2006. EXHIBIT P2 TRUE COPY OF THE ORDER IN WP(C) 16868 OF 2021 PASSED BY THIS HONOURABLE COURT DATED 13.08.2021. EXHIBIT P3 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.2077 OF 2022 PASSED BY THIS HONOURABLE COURT DATED 20.01.2022. EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.10.2022.

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RESPONDENTS EXHIBITS: NIL.

Rekha Mohanan v. Corporation of Thrissur

Case brief

What is this about?

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Rekha Mohanan v. Corporation of Thrissur

Case brief

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