Kerala High Court
Guberalaxmi Subbaraj vs The Kochi Municipal Corporation on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16078 OF 2024
PETITIONER
GUBERALAXMI SUBBARAJ
AGED 37 YEARS
THUNDIPARAMBIL HOUSE, TOLL GATE ROAD,
VADUTHALA, ERNAKULAM, PIN - 682023
BY ADVS.
K.RANA DEEP
VARSHA SAHAJAN
SARATH KRISHNAN T.
RESPONDENTS:
1 THE KOCHI MUNICIPAL CORPORATION
P. B. NO. 1016,
ERNAKULAM REPRESENTED BY ITS SECRETARY,
PIN - 682011
2 THE SECRETARY
THE KOCHI MUNICIPAL CORPORATION,
P. B. NO. 1016, ERNAKULAM, PIN - 682011
BY ADV K B ARUNKUMAR
SRI. AJITH VISWANATHAN-GOVERNMENT PLEADER
SRI.JANARDHANA SHENOY-STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16078 of 2024
2
JUDGMENT
Dated this the 23rd day of April, 2024 The petitioner is before this Court seeking to issue directions to the respondents to consider Ext.P2 representation submitted by the petitioner and pass necessary orders to shift the Auto Stand from the current location to elsewhere in the limits of he 1st respondent-Corporation.
2. The petitioner is resident of the 1st respondent- Municipal Corporation. He is running a cloth apparel store. An Auto Stand is functioning in front of the petitioner's shop blocking access of the petitioner's customers to his shop.
3. The petitioner requested the autorickshaw drivers to relocate the Auto Stand elsewhere. But, the autorickshaw drivers did not heed to his demand. Hence, the petitioner filed Ext.P2 representation before the 2 nd respondent for the Auto Stand to be relocated elsewhere. But, the 2 nd respondent has not taken any action on Ext.P2 representation. Due to the WP(C) No.16078 of 2024 3 Inaction on the part of the 2nd respondent in considering Ext.P2 representation, the petitioner is before this Court.
4. Heard.
5. It is evident that Ext.P2 is a representation seeking to shift Auto Rikshaw Stand. The Auto Rikshaw Stand obstructs ingress and egress to the shop of the petitioner. Therefore, it is necessary that the competent authority considers Ext.P2 in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 2nd respondent-Secretary, Kochi Municipal Corporation to consider Ext.P2 representation submitted by the petitioner and take appropriate decision thereon, within a period of two months in accordance with law, giving opportunity of hearing to the affected parties.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.16078 of 2024 4 APPENDIX OF WP(C) 16078/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PHOTO OF THE PETITIONER'S SHOP EVIDENCING PARKING OF AUTORICKSHAWS IN FRONT OF HIS SHOP Exhibit P2 A TRUE PHOTOCOPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 06.04.2024