IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 W.P.(C).No.18358 of 2007(S) --------------------------------------------------------- PETITIONER:- -------------------- THE KERALA CHAMBER OF COMMERCE AND INDUSTRY, CHAMBER BUILDING, SHANMUGAM ROAD, ERNAKULAM, REP. BY ITS SECRETARY, S.A.MANSOOR. BY ADV. SRI.TOM K.THOMAS RESPONDENTS:- ------------------------ 1. THE DISTRICT COLLECTOR ERNAKULAM. 2. THE TAHSILDAR, KANAYANNUR, ERNAKULAM. 3. THE CORPORATION OF COCHI, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R3 BY STANDING COUNSEL SMT.ANU SIVARAMAN NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.18358 OF 2007-S APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 & P1(a) - TRUE COPIES OF THE NOTICES RECEIVED TO ONE OF THE MEMBERS OF THE PETITIONER. EXT.P2 - TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT PATHETIC SITUATION OF THE PAVEMENTS/FOOTPATHS IN M.G.ROAD. RESPONDENT'S EXHIBIT:- ------------------------------------- EXT.R1(a) - TRUE COPY OF THE MASTER PLAN. - TRUE COPY - H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.P.(C) No.18358 of 2007-S ------------------------------------------ Dated, this the 2nd day of January, 2008 JUDGMENT H.L.Dattu, C.J. Petitioner is a company incorporated under the provisions of the Companies Act, 1956. The company in this petition filed under Article 226 of the Constitution of India seeks the following reliefs. They are as under: “i) Issue a Writ of mandamus, or any other writ, order or direction commanding the respondents to restore/reconstruct the footpaths and pavements on either side of M.G.Road, forthwith, ii) Issue a Writ of mandamus, any other Writ, order or direction commanding the respondents to clear/clean the drainages on either side of M.G.Road, forthwith, iii) Issue a Writ of mandamus, any other Writ, order or direction commanding the respondents to strictly comply with the provisions of Land Conservancy Act 1957, and to measure the properties with due notice to the affected parties, while evicting the alleged encroachers. iv) Declare that Ext.P1 and P1(a) notices issued by the respondents are against the provisions contained under the Land Conservancy Act, 1957 and hence illegal and arbitrary and high handed.” (2) At the time of hearing of the writ petition, we had directed the learned counsel appearing for the petitioner to confine the reliefs sought in the W.P.(C) No.18358 of 2007 2 writ petition only to prayers (i) and (ii). (3) The respondents are served and the first respondent has filed his counter affidavit. The first respondent has also filed an affidavit before this Court today. The said affidavit filed by the first respondent reads as under: “2. The above writ petition is filed praying to issue a writ of mandamus or any other writ, order or direction commanding the respondents to restore/re-construct the foot path and pavements on either side of M.G.Road forthwith. It was also prayed for issuance of mandamus commanding the respondents to clear drainage of either sides of M.G.Road. Even though two relief were also sought for, notice was ordered only on the aforesaid prayers. Affidavit dated 21.11.2007 filed by me may also be treated as part of this affidavit. 3. The estimate for the improvements and beautification to M.G.Road amounting to Rs.100 Lakhs was submitted to Government for getting administrative sanction. For avoiding delay and in order to speed up the work, the Chief Engineer (Roads and Bridges) has sanctioned Rs.45 Lakhs under Non Plan Funds for the urgent repairs of M.G.Road. Direction was given by the Executive Engineer, P.W.D. Roads Division to arrange the work immediately. The tender notice inviting applications for repairing work was issued on 17.12.2007. Last date for receiving application was fixed as 02.01.2008. The tender procedures will be finalized by 02.01.2008. In the said circumstances a period of four months is required for completion of the work from 02.01.2008. Accordingly it is submitted that the re-construction of foot paths and pavements and cleaning of either sides of M.G.Road will be completed within a period of four months from 02.01.2008.” W.P.(C) No.18358 of 2007 3 (4) In view of the undertaking given by the first respondent, in our opinion, we need not have to go into the other details in the writ petition. (5) Accordingly we pass the following: ORDER i) The affidavit filed by the first respondent dated 2nd of January, 2008 is placed on record. ii) The first respondent is granted four months' time from today to reconstruct the foot path and pavements and for cleaning of either sides of the M.G.Road. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns