IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 244 of 2009(D) ---------------------------------- PETITIONER(S): ------------------- SHAIK ISMAIL, AGED 58 YEARS, S/O. SHAIK ABBAI, MADATHIPARAMBIL, CC NO.23/1090 A, PALLURUTHY, KOCHI-6. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): ----------------------- 1. THE SUPERINTENDING ENGINEER, PWD ROADS CIRCLE, ALUVA. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KAKKANAD, ERNAKULAM. 3. THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R3 GOVT.PLEADER SRI.P.N.SANTHOSH SRI.S.RAMESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 244 OF 2009 (D) ==================== Dated this the 10th day of February, 2009 J U D G M E N T Petitioner submits that he is having a bunk shop on the side of NH 47 at Palluruthy. According to him, the bunk was constructed in 1980 with the permission of the 3rd respondent. His complaint is that respondents 1 and 2 are proposing to demolish the bunk shop without even issuing notice to him under the guise of widening National Highway. 2. Learned Government Pleader on instruction submits that there is a proposal to rennovate the road and that the bunk may have to be shifted out. 3. Having heard the counsel appearing on behalf of either sides, I am inclined to think that even if respondents 1 and 2 are entitled to take action against the bunk in question, any such step can only be after issuing notice to the petitioner and hearing his representations. This has not been done so far. Therefore, the writ petition is disposed of clarifying that any action by respondents 1 and 2 as against the bunk shop of the petitioner shall be initiated only after issuing notice to the petitioner and giving him reasonable opportunity to make his representations. ANTONY DOMINIC, JUDGE Rp