A.Santhosh Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 399 of 2015 (Y) -------------------------- PETITIONER(S):

-------------- A.SANTHOSH KUMAR AGED 44 YEARS S/O.APPUKUTTAN NAIR, HINDU, RESIDING AT A.K.NIVAS VANIYATHU LANE, CHENGALLOOR, POOJAPPURA THIRUVANANTHAPURAM.

BY ADVS.SRI.M.RAMASWAMY PILLAI SMT.PREETHY R. NAIR RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.

2. THE CORPORATION OF TRIVANDRUM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE THIRUVANANTHAPURAM - 695 001.

R1 BY GOVERNMENT PLEADER SMT.SANJEETHA K.A R2 BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 399 of 2015 (Y) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1 : TRUE COPY OF THE LICENCE ISSUE BY TRIVANDRUM CORPORATION. EXT.P1(A) : ENGLISH TRANSLATION OF EXHIBIT P1 EXT.P2 : TRUE COPY OF THE IDENTITY CARD ISSUED BY THE TRIVANDRUM CORPORATION EXT.P2(A) : ENGLISH TRANSLATION OF EXHIBIT P2 EXT.P3 : PHOTOCOPY OF PROPOSED ROUGH PLAN EXT.P4 : TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF TRIVANDRUM CORPORATION ON 27/12/2014.

EXT.P4(A) : ENGLISH TRANSLATION OF EXHIBIT P4 RESPONDENT(S)' EXHIBITS NIL ------------------------ //TRUE COPY// P.A TO JUDGE vdv

DAMA SESHADRI NAIDU, J.

========================= W.P(C) No.399 of 2015 ============================ Dated this the 07th day of January, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader, as well as the learned Standing Counsel for the 2nd respondent, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. Briefly stated, the petitioner was initially doing business having a petty shop (bunk) in front of the LBS Engineering College, Poojappura, Thivandrum, said to be with the permission of the Corporation of Trivandrum. When it was removed by the Corporation, the authorities, pleads the petitioner, orally assured the petitioner that he would be given an alternative shop as and when shops are constructed. The grievance of the petitioner is that though subsequently shops have been constructed, despite repeated requests by

W.P(C) No.399 of 2015 the petitioner, the authorities have not allotted any shop to the petitioner, but, on the other hand, they have gone ahead with the auctioning of the shops.

Under those circumstances the petitioner is said to have made Ext.P4 representation before the 2nd respondent. Complaining of its non-consideration, the petitioner has approached this Court.

3. In the facts and circumstances having regard to the respective submissions of the learned counsel for the petitioner and the learned Standing Counsel for the 2nd respondent, this Court, without expressing any opinion on the merits of the matter, disposes of the writ petition with a direction to the 2nd respondent to consider the petitioner's Ext.P4 representation in accordance with law and pass appropriate orders thereon as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment.

Sd/- DAMA SESHADRI NAIDU, JUDGE vdv //True Copy// P.A to judge