J.Jerome vs Trivandrum Corporation on 16 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30475 of 2008(C)


1. J.JEROME, MINI HOUSE, T.C.32/939,NEAR
                      ...  Petitioner
2. GLADIS, MINI HOUSE, T.C.32/939,NEAR

                        Vs



1. TRIVANDRUM CORPORATION, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.M.BALAGOVINDAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :16/10/2008

 O R D E R
                     S.SIRI JAGAN, J
               ==================
                W.P(C)No.30475 of 2008
               ==================
        Dated this the 16th day of October, 2008.

                     J U D G M E N T

Petitioners are father and daughter. The 1st

petitioner executed a settlement deed in favour of the 2nd

petitioner in respect of 10 cents of land comprised in

Sy.No.2623/101-C3/61.A of Kadakampalli Village,

Thiruvananthapuram District. Petitioners want to widen

the gate to the property so as to enable a car purchased by

the 2nd petitioner to be taken inside the premises. But

because of a huge signboard by the side of the road in

front of the petitioners’ property, the petitioners are

unable to do the same. The 1st petitioner seeks assistance

of the respondent to remove the board. Seeking this relief

the 1st petitioner has filed Ext.P4 before the respondent.

Petitioners’ grievance is that the respondent is not

disposing of Ext.P4. The learned Standing Counsel

appearing for the Corporation submits that petitioners

have not impleaded the person who has posted the

signboard by the side of the road. The petitioners submit

W.P(C)No.30475 of 2008 – 2 –

that the petitioners are not aware of the address of the

person who has established the board and the address is

not clear from the board also. They further submit that,

while disposing of Ext.P4 the respondent can hear the

owner of the board also.

2. After hearing, the writ petition is disposed of with

a direction to the respondent to consider and pass orders

on Ext.P4, after affording an opportunity of being heard to

the petitioners as well as the owner of the signboard, as

expeditiously as possible, at any rate, within one month

from the date of receipt of a copy of this judgment. If the

respondent has no information about the owner of the

board, it would be open to the respondent to take

appropriate action without hearing the owner of the

board.

The petitioners shall forward a copy of this writ

petition along with a certified copy of the judgment to the

respondent for compliance.

S.SIRI JAGAN, JUDGE
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