ABDUL NAZAR Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) Since common issue is raised, both the Writ Petitions are heard together and are being disposed of by this common judgment.

(2.) W.P.(C) No. 40465 of 2018:- The petitioner is stated to be the owner in possession of 2.64 Ares of property at Kallumthazham Junction, in Sy. No. 760/1/8 of Kilikolloor Village, covered by Ext. P1 tax receipt. The petitioner has filed this Writ Petition under Art. 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to take necessary action against the 6th respondent for illegal erection of flex board. The petitioner has also sought for a writ of mandamus commanding the 4th respondent Secretary of Kollam Corporation to consider and pass orders on Ext. P5 complaint dated 10.12.2018, within a time frame that this Court may consider reasonable; and a writ of mandamus commanding the 4th respondent to remove the flex board erected by the 6th respondent illegally, in the property of the 5th respondent. (The name of the 6th respondent, who is the petitioner in W.P.(C) No. 5618 of 2019 is wrongly shown in the cause title of W.P.(C) No. 40465 of 2018).

(3.) W.P.(C) No. 5618 of 2019:- This Writ Petition is filed by the 6th respondent in W.P.(C) No. 40465 of 2018, who is engaged in the field of erecting advertisement hoardings, who is stated to be the Secretary of Kollam District Advertisers' Association. The petitioner has filed this Writ Petition seeking a declaration that he has every right to erect the advertisement board as envisaged in Ext. P6 order of this Court dated 12.12.2018 in W.P.(C) No. 40465 of 2018. He has also sought for a writ of certiorari to quash Ext. P9 notice dated 09.12.2018 issued by the 2nd respondent Sub Inspector of Police, Kilikolloor. The documents marked in this Writ Petition as Exts. P1 to P5 are already on record as Exts. R6(a) to R6(e), along with the counter affidavit filed by the 6th respondent in W.P.(C) No. 40465 of 2018. The document marked as Ext. P7 is a copy of that counter affidavit and Ext. P8 is the statement filed by Kollam Corporation in W.P.(C) No. 40465 of 2018. Ext. P9 is a notice issued by the 2nd respondent Sub Inspector of Police, whereby the petitioner has been directed to stop erection of flex board on the property of the 5th respondent in W.P.(C) No. 40465 of 2018.