Shaffique, J. Petitioner in the Writ Petition is the appellant. This appeal is filed against the judgment dated 15-6-2011 of the learned Single Judge in W.P.C. No. 14412 of 2011.
2. Petitioner, who is a handicapped person, was operating a telephone booth at M.G. Road in Ernakulam. The said booth was demolished. At that time, when the petitioner challenged the eviction by filing Writ Petition (C ) No. 32629/2004, by Ext. P7 judgment dated 5-1-2005, this Court directed the petitioner to give a representation to the Corporation and they were directed to consider the same. In fact, the judgment indicates that the Corporation had demolished the booth on 19-11-2004 on account of the hindrance being caused to the public as well as the traffic in the main road.
3. The Writ Petition is filed complaining that though there was a direction in Ext.P7 to consider his representation and he was asked to appear on a particular date i.e on 15-10-2005 at about 11 a.m, thereafter, nothing was heard in the matter.
4. The learned Single Judge, having considered the matter dismissed the same relying upon the judgment of the Full Bench in Damodaran v. Cherkalam Abdulla (2007 (2) KLT 171) stating that the cause of action has become stale. The learned counsel for the appellant submits that being a handicapped person, some indulgence has to be shown to the appellant and his claim has to be decided on merits.
5. We do not think that the appellant is entitled for any relief as he has approached this Court after 10 years from the date of Ext. P7 judgment and after 9 years from the date of hearing.
In such circumstances, we do not find any good ground to interfere with the judgment of the learned Single Judge. Accordingly this Writ Appeal is dismissed.
Dated this the 13th day of November, 2014.
Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE ani/ Sd/- A.M.SHAFFIQUE, JUDGE /truecopy/ P.S.Tojudge