IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WA.No. 1768 of 2011() --------------------- AGAINST THE ORDER IN I.A. 4529/2011 IN WPC.26431/2010 .................... APPELLANTS/RESPONDENTS 1 TO 3/ PETITIONERS --------------------------------------------------------------------------- 1. SAJU JOSEPH, S/O.JOSEPH, AGED 46 YRS, APPANCHIRA HOUSE, KIZHAKKAMBALAM P.O., ALUVA, ERNAKULAM DISTRICT. 2. MAMMOOTTY, S/O.MOOSA, BAHNAZ MANZIL, PANOOR P.O., THALASSERY, KANNUR DISTRICT. 3. P.V.ABDULLA, S/O.VEERAN, PADINJAREPPARAMBIL, THOTTUMUKKAM, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS/RESPONDENTS 4 & 5 (PETITIONERS IN I.A.)/RESPONDENTS:: -------------------------------------------------------------------------------------------------------------- 1. ALUVA MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, ALUVA P.O., ALUVA. 2. THE SENIOR TOWN PLANNER, ERNAKULAM, KOCHI-20. 3. T.I.MUHAMMED, S/O.IBRAHIM, AGED 47 YEARS, THARAKAPPEDIKAYIL HOUSE, THAIKKATTUKARA P.O., ALUVA-2. GOVERNMENT PLEADER SRI. GEORGE MECHERIL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = W.A. NO.1768 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 21ST DAY OF NOVEMBER, 2011. J U D G M E N T C.N. Ramachandran Nair, J. This writ appeal is filed against the order of the learned Single Judge modifying the earlier interim order permitting the third respondent in the writ appeal to proceed with the construction of the pagoda bank in the bus station at Alwaye. Even though the appellants raised a contention that the bunk is obstructing access to their shops and even the corridor to the bus stand, counsel for the Municipality and counsel for the third respondent submitted that the third respondent was shifted to that place from another location within the bus stand and his bunk is no way affecting the appellants. Photographs produced before us show that the bunk is a small one and is already constructed. So much so, we do not think there is any scope for challenge against the interim order. It is for the learned Single Judge to consider whether the bunk constructed is causing any obstruction to the appellants or otherwise and if so, to pass appropriate orders, after final W.A. . 1768/2011 2 hearing. The writ appeal is dismissed leaving open the right of the appellants to raise all contentions in final hearing of the writ petition. The appellants can move for early hearing before the learned Single Judge. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) KNC/-