IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 9985 of 2006(L) -------------------------------- PETITIONER(S): ------------------- JAYCEE ADS.PVT.LTD., TC 2/2417, ALUVILA, PATTOM P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, K.JAYACHANDRAN, KANIKA,KUZHIYAM, CHEMMAKKADU PO, KOLLAM. BY ADV. SRI.PIRAPPANCODE V.SUDHIR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CORPORATION OF KOZHIKODE, REPRESENTED BY ITS SECRETARY. 3. THE CHAIRMAN, TOWN PLANNING COMMITTEE, KOZHIKODE CORPORATION, KOZHIKODE. 4. THE EXECUTIVE ENGINEER, P.W.D.ROADS DIVISION, KOZHIKODE. 5. THE COMMISSIONER OF POLICE, KOZHIKODE CITY, KOZHIKODE. VPV WPCNO.9985/2006 *ADDL.R6TH IMPLEADED *R6TH: ABDUL RUSSAK, AGED 50, S/O HYDROSE, THEMPADATH HOUSE, BEENA ANCHUMANA ROAD, EDAPPALLY. *IS IMPLEADED AS ADDL. R6TH VIDE ORDER DATED 11.12.2007 IN I.A.16087/2007. R1 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW R2 BY ADV. SRI.M.P.PRABHANANDAN,SC,KOZHIKODE CORPN R2 & R3 BY ADVS.SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORP SRI.K.D.BABU,SC,KOZHIKODE CORPORATION R6 BY ADVS.SRI.ASP.KURUP SRI.SADCHITH.P.KURUP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.9985/2006 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROPOSAL NO.KBS/JAPL/PWD-21 DATED 17-4-03 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. P2: COPY OF THE ORDER NO.A6-858/2003 DATED 19-4-2003 ISSUED BY THE 4TH RESPONDENT. P3: COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE DATED 23-4-2003. P4: COPY OF THE COMMUNICATION NO.D5-84/02 DATED 6-10-2003 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, ROADS DIVISION, CALICUT. P5: COPY OF THE APPLICATION NO.J APL/KMCS/02 DATED 16-10-03 TO THE 2ND RESPONDENT. P6: COPY OF THE LETTER NO.JAPL/KMCS/03 DATED 11-3-04 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P7: COPY OF THE LETTER NO.G1-94052/03 DATED 23-4-2004 SEND BY THE CORPORATION ENGINEER OF 2ND RESPONDENT TO THE DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT. P8: COPY OF THE LETTER NO.CED/CON/TEL/MVLRA/2004104 DATED 17-5-04 ISSUED BY THE PROFESSOR AND HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING NATIONAL INSTITUTE OF TECHNOLOGY CALICUT. P9: COPY OF THE LETTER NO.D5-84/02 DATED 24-8-04 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, ROADS DIVISION, KOZHIKODE. P10: COPY OF THE LETTER NO. JAPL/PWD/KO2/09 DATED 1-10-2004 ADDRESSED TO THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, KOZHIKODE. P11: COPY OF THE LETTER NO.D5-84/02 DATED 6-10-2004 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, ROADS DIVISION, KOZHIKODE. VPV WPCNO.9985/2006 P12: COPY OF THE REVISED PLAN SUBMITTED BY THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, CALICUT DATED 15-03-2005. P13: COPY OF THE ORDER NO.A5/774/05 DATED 15-03-2005 ISSUED BY THE 4TH RESPONDENT. P14: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P15: PHOTOS OF THE PRESENT POSITION AFTER THE EXECUTION OF THE WORK. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV S.SIRI JAGAN, J. ================== W.P.(C).No. 9985 of 2006 ================== Dated this the 16th day of November, 2011 J U D G M E N T The learned counsel for the petitioner submits that in view of the averments in the counter affidavit filed by the 2nd respondent, particularly paragraph 9, the writ petition may be closed recording the same. Paragraph 9 of the counter affidavit reads thus; “9. It is respectfully submitted that the Corporation has not denied the request of the petitioner or issued any orders to dismantle such boards as already erected by the petitioner.” In view of the submission made by the counsel for the petitioner, this writ petition is closed recording the averments in paragraph 9 of the counter affidavit filed by the 2nd respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge