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1989 Supreme(Ker) 423

SANKARAN NAIR
P. K. Wariyar – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Petitioner - Managing Trustee of Kottakkal Arya Vaidya Sala', prays for a writ of mandamus to command respondents to remove hoardings put up in front of the Arya Vaidaya Sala, and for consequential reliefs. Petitioner owns a three-storeyed building standing on thirty-one cents of land on the Mahatma Gandhi Road, Ernakulam said to be constructed at a cost of Rs.33 lakhs. On the night of 6-4-1988, those acting under second respondent are said to have put up a hoarding in front of the Arya Vaidya Sala. One display board on the hoarding is very large, measuring to 9x31/2 metres and this obstructs the view of the building, virtually obliterating its identity, submits petitioner. Rights of petitioner as an adjoining owner and a member of the public, are invaded by putting up such boards, according to him. The next day, a representative of petitioner went to the office of second respondent and made a request in writing Ext.P1, to remove the hoarding. He was not allowed to see second respondent, but was asked to see fourth respondent who, it is said promised necessary action. Contrary to the promise, on 21-4-1988 the board was painted and improved. Upon this, by Ext.P3 petit


















































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