IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 733 of 2009(K) ------------------------------------- PETITIONER(S): -------------------------- SHAREEF.A., AGED 48 YEARS, S/O.ALIKUNJU MUSALIAR, KUZHIPILAKKIL HOUSE, KUREEPUZHA, RUKKU PUBLICITY, KAVANADU P.O., KOLLAM-3. BY ADVS. MR.A.X.VARGHESE, MR.A.V.JOJO. RESPONDENT(S): --------------------------- SECRETARY, CORPORATION OF KOLLAM, KOLLAM. BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,KOLLAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.733 OF 2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DTD. 17/12/08. P2: COPY OF THE STABILITY CERTIFICATE DTD. 28/12/08. P3: COPY OF THE NOTICE DTD. 1/1/09 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 733 OF 2009 ............................................ DATED THIS THE 24th DAY OF JUNE, 2009 JUDGMENT The petitioner faces probable dismantling of an advertisement board, following Ext.P3 notice issued by the Corporation, on the ground that the said board is likely to endanger human life. That allegation of the Corporation is disputed by the petitioner. The petitioner has to show cause and answer Ext.P3. The resolution of that dispute cannot be had through the writ court under Article 226 of the Constitution. Hence the writ petition is ordered directing that the objections of the petitioner, as may be filed to the impugned notice, would be considered and disposed of by the competent authority in the respondent, within a period of four weeks from the date of receipt of a copy of this judgment, pending which structure will not be dismantled and until a decision is taken as aforesaid and unless that decision is in favour of the petitioner, he shall not exhibit any advertisements of the structure in question. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/24/6