IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 OP.No. 4278 of 2001(H) --------------------------------------- PETITIONERS: -------------------- 1. P.K.MUHAMMED KOYA, S/O.P.A.KHADER, AGED 43 YEARS, HOUSE NO.2/435 A, CALVATHY, FORT KOCHI-2. 2. K.A.ANVAR, S/O.AYAMULLA, AGED 32 YEARS, H.NO.3/269, ERAVELI, FORT KOCHI-2. 3. C.K.ISMAIL, S/O.LATE KHADER, AGED 70 YEARS, H.NO.5/307, MATTANCHERRY, KOCHIN-3. 4. K.J.GEORGE., S/O.LATE JOSEPH K.C., AGED 40 YEARS, KAITHAVELIKKAKATH HOUSE, NAZARETH, KOCHI. 5. K.K.SAIDHU, S/O.LATE KUTTY, AGED 49 YEARS, RESIDING AT 3/466, CHELLAIKARA, FORT KOCHI-3. BY ADV. SRI.A.X.VARGHESE SRI.A.J.VARGHESE O.P.NO.4278/2001 -2- RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM. 3. SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. ADDL. 4. SECRETARY, COCHIN PORT TRUST, KOCHI. (ADDITIONAL 4TH RESPONDENT IMPLEADED AS PER ORDER ON CMP NO.62189/2002 DATED 4-12-2002) R1, R2 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN ADV. SMT.A.G.ANEETHA FOR R3 R4 BY ADV. SRI.B.S.KRISHNAN(SR.) SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/07/2008, ALONG WITH OP NO.4592/2001 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------ O.P.No.4278 of 2001-H & O.P.No.4592 of 2001-V ----------------------------------------------------- Dated, this the 28th day of July, 2008 JUDGMENT A.K.Basheer, J. The primary prayer in these original petitions is to issue a writ of prohibition or any other appropriate writ or order prohibiting the respondents from interfering in the bunk shop business that is being carried on by the petitioners on the south eastern corner of the Nehru Park at Fort Kochi. 2. It is on record that the petitioners are doing business without any interference at the hands of the respondents. 3. The learned counsel for the respondents submits that the petitioners' possession will not be disturbed without taking recourse to due process of law. 4. The above submission is recorded and the original petitions are closed. 5. In view of the order passed in the original petitions all pending interim applications are closed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS