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High Court of KeralaWP(C)/28444/2015disposed of

P.S.Dinesh v. Thrissur Corporation

2015-09-18Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28444 of 2015 (E) ---------------------------- PETITIONER:

------------------ 1.

P.S.DINESH, AGED 47 YEARS, S/O. SANKARAN, PULIKKATHARA HOUSE, KANIMANGALAM, THRISSUR DISTRICT 680 027.

2.

PRADEEP M., AGED 47 YEARS, S/O. SANKARAN NAIR, CHAKKADATH HOUSE, HARI VIHAR LINE, P.O., ERAVU, THRISSUR DISTRICT 680 020.

3.

RAJESH V.S., AGED 42 YEARS, S/O. SUBRAMANIAN, VENKIDANGIL HOUSE, VELIYANNOOR, THRISSUR - 680 021.

4.

BABY VENUGOPAL, AGED 50 YEARS, W/O. VENUGOPAL, VELUTHEDATH HOUSE, PERINGAVU, THRISSUR - 680 008.

BY ADVS.SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR RESPONDENTS:

---------------------- 1.

THRISSUR CORPORATION REP. BY SECRETARY, THRISSUR 680 001.

2.

THE DISTRICT COLLECTOR, THRISSUR 680 001.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA BY SRI.K.P.VIJAYAN,SC,THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 28444/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF REPORT OF A PROPOSED MODEL ROAD AT THRISSUR EXHBIT P2 :

TRUE COPY OF NEWSPAPER REPORT DATED 31.05.2014 IN MATHRUBHUMI NEWSPAPER DAILY.

EXHIBIT P3 :

TRUE COPY OF REPRESENTATION DATED 14.09.2015 SUBMITTED BEFORE THE 1ST RESPONDENT AND ITS RECEIPT.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 28444 OF 2015 ------------------------------------ Dated this the 18th day of September, 2015

JUDGMENT

The contentions of the petitioners are two fold and they are under:

(i) There is no necessity to demolish the whole of the shop rooms for the proposed widening of the road.

(ii) The petitioners have to be rehabilitated by the respondents much before the process of demolition.

2.

The petitioner has in this regard submitted Ext.P3 representation. I direct the first respondent to consider Ext.P3 representation within a period of one month. The same shall be done with notice to the petitioners as well as the owner of the shop rooms. The status quo as on today shall continue till Ext.P3 representation is disposed of as directed above. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd