IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 2344 of 2011(S) ------------------------- PETITIONERS: --------------- 1. KERALA VYAPARA VYAVASAYA EKOPANA SAMITHI CHALAI,CENTRAL UNIT, THIRUVANANTHAPURAM-695036 REP.BY ITS PRESIDENT V.SIVADAS 2. V.SIVADAS,S/O.S.VELAPPAN PILLAI HINDU, AGED 49,RESIDING AT T.C.38/675, POWER HOUSE ROAD,THIRUVANANTHAPURAM BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA REP.BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT,TRIVANDRUM-695001 2. THE DISTRICT COLLECTOR, COLLECTORATE,TRIVANDRUM-695001 3. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE,TRIVANRUM-695001 4. THE THASILDAR, TALUK OFFICER TRIVANDRUM-695001 5. THE EXECUTIVE ENGINEER, (ROADS DIVISON)695001 PUBLIC WORKS DEPARTMENT, TRIVANDRUM 6. THE CORPORATION OF TRIVANDRUM TRIVANDRUM REP.BY ITS SECRETARY WP(C).No. 2344 of 2011(S) 7. THE TOWN PLANNING OFFICER, TRIVANDRUM-695001 8. THE CITY COMMISSIONER OF POLICE TRIVANDRUM CITY-695001 9. INC(I)INTUC REP.BY ITS PRESIDENT, POOKADA UNIT,CLALAI, THIRUVANANTHAPURAM-695036 BY SR.GOVERNMENT PLEADER SMT. K. MEERA R6 BY ADV. MR. P.K. MANOJ KUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 2344 OF 2011 ......................................................................... Dated this the 24th January , 2011 J U D G M E N T J. Chelameswar, CJ. This writ Petition is purported to have been filed in public interest with the prayers as follows: “ (i) That issue the writ of mandamus or appropriate writ or order or direction to the respondents one to eight to take appropriate action to prevent the construction of statue of Late Sri K. Karunakaran on the road side by the nineth respondent as stated in Exhibit P2 on any date; (ii) That issue the writ of mandamus or appropriate writ or order or direction to the respondents not to give any permission to install any statue of the leaders on the side of Flower Junction in Chalai Bazar; (iii) That issue the writ of mandamus or appropriate writ or order or direction to the respondent to declare that installing/constructing statue of leaders/or obstructing the free movements of the general public on the side of Chalai Bazar is unconstitutional; (iv) such other relief as deems fit may be granted at the time of hearing.” 2. Such a relief is sought on the ground that installation of W.P.(C) No. 2344 OF 2011 2 the statue of a prominent personality on a public road is likely to cause traffic congestion. Whether the allegation is true or not, is a question of fact to be examined on evidence. It is also not clear from the pleadings, whether there is any statutory restriction or regulation for installation of such statue on a public road. At any rate, in our opinion, a civil suit in this regard would the comprehensive alternate remedy for adjudication of the claim as one raised in the instant writ petition. We do not see any reason to entertain the Writ Petition and it is dismissed at the admission stage itself. J. CHELAMESWAR, CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk