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P.L.Devassy

High Court Of Kerala|01 December, 2014
|

JUDGMENT / ORDER

Ashok Bhushan, Ag.C.J.
This writ appeal has been filed against the judgment dated 24.06.2014 by which the writ petition(W.P.(C) No.30897 of 2014) filed by the appellants has been dismissed.
2. The appellants, who are residents of Ward No.V of Thrikkakara Municipality, had come up with the writ petition seeking a direction to the 2nd respondent to demolish or remove the existing unauthorised construction of the concrete benches from the road. Appellants' complaints were duly examined and the Municipal Council took a decision not to remove the benches as alleged. It was further noted by learned Single Judge that the benches were constructed by the local people years back and the Municipal Council has effected repair of the damaged benches.
3. The issue as to whether the benches on the particular road are to be removed or maintained is essentially a decision to be taken by local authorities. The complaints of the WA No. 1769 of 2014 -:2:-
appellants/petitioners have been considered by the Municipal Council and decided not to remove the benches. Hence we do not find any error in the judgment of the learned Single Judge refusing to exercise the extraordinary jurisdiction under Article 226 of the Constitution. We do not find any merit in the appeal. The appeal is dismissed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/01/12
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Title

P.L.Devassy

Court

High Court Of Kerala

JudgmentDate
01 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Paul Mathew