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Vibin Johnson

High Court Of Kerala|23 June, 2014
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JUDGMENT / ORDER

Petitioner has approached this Court seeking for a direction to respondents 2 to 4 not to remove or dismantle the advertisement boards placed by the petitioner. The petitioner claims that he had obtained permission from the 1st respondent for displaying advertisements in various Corporation areas in terms of Ext.P1 agreement dated 30/11/2013. Respondents attempted to remove certain hoardings/boards fixed by him. According to the petitioner, he got all the right to put up such advertisements and therefore the action of respondents 2 to 4 is totally illegal.
2. Counter affidavit is filed by the 3rd respondent inter alia stating that in addition to getting permission from Corporation, the petitioner has to obtain permission from PWD Roads, National Highway Division as well which is lacking in the present case. A letter in that regard was issued to the Corporation of Cochin to take action urgently W.P.C.No.6794/2014 2 for removing the boards already fixed on the Sodium Vapour Lamp Post at Edappally, but no action has been taken in the matter.
3. It is clear from Ext.P1 agreement that the petitioner has to obtain necessary permission from PWD - National Highway Division, before fixing or erecting any advertisement in the property managed by PWD or any other agency as the case may be. Admittedly, no such ‘No Objection Certificate’ is obtained by the petitioner.
Under these circumstances, in the absence of permission from the PWD - National Highway Sub Division, it is not possible for the petitioner to maintain the said advertisements. Hence I do not think that the petitioner is entitled for any relief in the writ petition and accordingly the same is dismissed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.6794/2014 3
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Title

Vibin Johnson

Court

High Court Of Kerala

JudgmentDate
23 June, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • A S P Kurup