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P.SANTHOSHKUMAR, ADVOCATE, LIG 655 versus THE COMMISSIONER AND SECRETARY

High Court of Kerala

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P.SANTHOSHKUMAR, ADVOCATE, LIG 655 v. THE COMMISSIONER AND SECRETARY - OP No. 13403 of 2003(U) [2007] RD-KL 11606 (29 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 13403 of 2003(U)

1. P.SANTHOSHKUMAR, ADVOCATE, LIG 655,
... Petitioner

Vs

1. THE COMMISSIONER AND SECRETARY,
... Respondent

2. SMT. KUNJUMOL LIG 36, SASTHRI NAGAR,

3. GREATER COCHIN DEVELOPMENT AUTHORITY

For Petitioner :SRI.V.J.JOHN

For Respondent :SMT.A.G.ANEETHA, SC, COCHIN CORPN.

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :29/06/2007

O R D E R

KURIAN JOSEPH , J


==================================
O.P. NOS. 13403 & 13404 OF 2003
==================================

Dated this the 29th day of June, 2007.



JUDGMENT

The O.P. No. 13403 is filed with the following prayers:

i) to issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st and 3rd respondents to remove the obstruction caused to the public road in Sasthri Nagar G.C.D.A Housing Scheme caused by the 2nd respondent forthwith; ii) to issue a writ of mandamus or any other appropriate writ order or direction, commanding the respondents 1 & 3 to take legal action against 2nd respondent for violating the Corporation/Municipality Rules regarding the prohibition of obstruction to the public street/road expeditiously as possible. The O.P. No. 13404/2004 is filed with the following prayers:

i) issue a writ of certiorari or any other writ, orders declaring that the 12ft. Corporation road is a public road which is entitled to be used by the public at large; ii) issue a writ of mandamus or other writ or orders, ordering the 1st respondent to demolish the unauthorised construction of the wall and gate and this allow the petitioner to make use of the 12 ft. road.

2. In case the respondents 1 and 3 have not taken note of the representations, it will be open to the petitioners in both the cases to approach them with the copy of the judgment, in which case, the matter will be looked into by the concerned respondents with notice to O.P. NOS. 13403 & 13404 OF 2003 : 2 : the petitioners in both the cases and also the 2nd respondent and appropriate orders, in accordance with law, will be passed within another four months. The Original petitions are disposed of as above.

KURIAN JOSEPH, JUDGE.

rv O.P. NOS. 13403 & 13404 OF 2003 : 3 :


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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