Sreekumar A K vs Kottayam Municipality
2023 Latest Caselaw 773 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 41659 OF 2022
PETITIONER

             SREEKUMAR A K
             AGED 44 YEARS
             S/O KARUNAKARAN NAIR THE CHIEF EDITOR, THIRD EYE NEWS,
             KANDATHIL TOURIST HOME COMPLEX, SASTHRI ROAD, KOTTAYAM,
             PIN-686001.
             BY ADV K.RAJESH KANNAN


RESPONDENTS:

     1       KOTTAYAM MUNICIPALITY
             REPRESENTED BY ITS SECRETARY, KOTTAYAM MUNICIPALITY
             OFFICE, KOTTAYAM- 686 001.
     2       THE SECRETARY
             KOTTAYAM MUNICIPALITY,KOTTAYAM MUNICIPALITY OFFICE,
             KOTTAYAM- 686 001.
     3       MEDIVISION LAB
             REPRESENTED BY ITS MANAGING DIRECTOR,
             NEAR DISTRICT HOSPITAL,
             COLLECTORATE (P.O.), KOTTAYAM- 686 001.

             SRI.AJITH JOY (SC) R1 & R2
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.41659 OF 2022
                                 2


                          JUDGMENT

Dated this the 12th day of January, 2023

The petitioner is a resident of Kottayam District. The

petitioner has to use the old KK Road, now Theni-Kumily

Highway Road, to reach his office and for other needs. The 3 rd

respondent-Medivision Lab is being conducted in the building

named 'Red Cross' on the side of the aforesaid road and right

adjacent to the District Hospital, Kottayam. The 3 rd respondent

has installed a generator by annexing the road purambokku as

its property thereby blocking the access for the petitioner and

other pedestrians through the said footpath. The petitioner

filed a complaint before the 1st respondent-Municipality

pointing out the said illegal encroachment made by the 3rd

respondent in installing the generator.

2. The petitioner submitted Exhibit-P2 representation

before the 1st respondent seeking to remove the generator

from the public footpath and to cancel the license issued to the WP(C) NO.41659 OF 2022

3rd respondent. Though Ext.P2 representation was submitted

on 12.01.2022, no action has been taken by the 1 st

respondent till date. Hence, the petitioner is before this Court,

seeking to direct the 1st respondent to pass orders on Ext.P2

representation within a time frame.

3. Standing Counsel entered appearance on behalf of

respondents 1 and 2 and resisted the writ petition. The

Standing Counsel controverted all the material allegations

made by the petitioner in the writ petition. However, it is

submitted on behalf of respondents 1 and 2 that since the

petitioner has already preferred Ext.P2 complaint, the same can

be considered in accordance with law, strictly complying with

the principles of natural justice.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing respondents 1

and 2. In view of the nature of reliefs to be granted in the writ

petition, notice to the 3rd respondent is dispensed with. WP(C) NO.41659 OF 2022

5. From the pleadings, it is seen that the petitioner has

preferred Ext.P2 representation against construction/installation

of a generator on public road side. As the petitioner has

preferred Ext.P2, it will be just and proper that the 2 nd

respondent-Secretary consider the same in accordance with

law.

The writ petition is therefore disposed of directing the 2 nd

respondent to consider Ext.P2 representation submitted by the

petitioner and pass appropriate orders thereon, in accordance

with law, after giving an opportunity of hearing to the petitioner

and the 3rd respondent. Steps pursuant to this order shall be

taken within a period of six weeks.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.41659 OF 2022

APPENDIX OF WP(C) 41659/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PHOTOGRAPH SHOWING THE MANNER IN WHICH THE GENERATOR IS INSTALLED BY THE 3RD RESPONDENT ON THE FOOTPATH.

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 12/1/2022 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED 15/1/2022 WITH REGARD TO SENDING OF EXHIBIT-P2.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 15/1/2022 FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT 2005 BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT DATED 15/1/2022 WITH REGARD TO SENDING OF EXHIBIT-P4.

Exhibit P6 TRUE COPY OF THE REPLY SENT BY 1ST RESPONDENT DATED 15/2/2022 TO EXHIBIT- P4 APPLICATION.

Exhibit P7 TRUE COPY OF THE REPLY DATED 16/3/2022 ISSUED BY THE ASSISTANT ENGINEER, LSGD OF THE 1ST RESPONDENT.