Gigi v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 23263 of 2014 (G) -------------------------------------------- PETITIONER:

GIGI JAMES, AGED 45 YEARS, W/O.JAMES, KALLARAKANIYIL HOUSE, VELIYANNOOR POST, AREEKKARA, KOTTAYAM DISTRICT.

BY ADV. SRI.P.V.SANTHOSH JOSE RESPONDENTS:

1. THE TODUPUZHA MUNICIPALITY, REP. BY ITS SECRETARY, TODUPUZHA POST, IDUKKI DISTRICT-685 584.

2. THE STATION HOUSE OFFICER, TODUPUZHA POLICE STATION, TODUPUZHA, IDUKKI DISTRICT-685 584.

3. THE DEPUTY SUPERINTENDENT OF POLICE, TODUPUZHA SUB DIVISION, IDUKKI DISTRICT-685 584.

4. THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE RTO, CIVIL STATION, PAINAVU, IDUKKI DISTRICT-685 584.

R1 BY ADV. SRI.P.K.SOYUZ R2 TO R4 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WP(C).No. 23263 of 2014 (G) PETITIONER'S EXHIBITS:

EXT.P1: TRUE PHOTOCOPY OF THE COMPLAINT MADE BY THE PETITIONER TO THE 1ST RESPONDENT WITH COPY TO RESPONDENTS 2 & 3 EXT.P2: TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

EXT.P3: TRUE PHOTOCOPY OF THE LETTER RECEIVED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

EXT.P4: TRUE PHOTOCOPY OF THE LIST OF AUTO STANDS ISSUED BY THE 3RD RESPONDENT.

EXT.P5: TRUE PHOTOCOPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENT'S EXHIBITS: NIL.

/TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.23263 of 2014 F -------------------------------------------- Dated this the 9th day of January, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned Standing Counsel for the first respondent as well as the learned Government Pleader for respondents 2 to 4, 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 is said to have constructed a three storied commercial building within the limits of Thodupuzha Municipality. Her grievance is that about thirty persons have been parking their autorickshaws just in front of the building, thus blocking the ingress and egress to the building. In that regard, the petitioner is said

WPC 23263/14 to have submitted Exhibit P5 representation to the fourth respondent. Complaining of delay in its disposal, the petitioner has approached this Court.

In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader, this Court, without expressing any opinion on the merits of the matter, disposes of the writ petition with a direction to the fourth respondent to consider Exhibit P5 representation of the petitioner in accordance with law, after affording an opportunity of personal hearing to the parties concerned and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

Dama Seshadri Naidu, Judge tkv