IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 10576 of 2010(V) -------------------------- PETITIONER: --------------- T.E.FAIZAL,S/O.IBRAHIM,THARAVATTATH HOUSE,TAGORE LANE,THRIKKANARVATTOM DESOM, S.R.M.ROAD,ERNAKULAM. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: --------------- 1. REVENUE DIVISIONAL OFFICER, FORT KOCHI (SUB DIVISIONAL MAGISTRATE),REVENUE DIVISIONAL OFFICE, FORT KOCHI. 2. THE SECRETARY,CORPORATION OF KOCHI, CORPORATION OFFICE, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE,CENTRAL POLICE STATION,ERNAKULAM. 4. T.M.MOIDU,S/O.MUHAMMED HAJI,SWADESI HOTEL, 40/1595,C.S.ROAD,ERNAKULAM. 5. T.M.AZIZ,S/O.MUHAMMED HAJI,SWADESI HOTEL, 40/1595,C.S.ROAD,ERNAKULAM. 6. T.M.HABEEB,S/O.MUHAMMED HAJI,SWADESI HOTEL, 40/1595,C.S.ROAD,ERNAKULAM. GOVERNMENT PLEADER: SRI P NARAYANAN STANDING COUNSEL: SRI M K CHANRAMOHANDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C)No.10576 of 2010 --------------------------------------------- Dated this the 7th day of April, 2010 JUDGMENT The petitioner is the co-owner of undivided slice of 3.143 cents of land and a centaury old building situated in survey No.816 of Ernakulam Village on the Northern side of Cannon Shed road, Ernakulam. The respondents 4 to 6 are other co-owners of the building. 2. The fourth respondent is a licensee who is conducting a hotel in the building. According to the learned counsel for the petitioner it is in a dilapidated condition and it may collapse any moment. The petitioner has already approached Revenue Divisional Officer by filing Ext.P4 a detailed representation for invoking jurisdiction under Section 133 of the Code of Criminal Procedure. The allegation stated by the petitioner will have to be considered by the Revenue Divisional Officer before proceeding further. 3. The learned counsel for the fourth respondent, who is conducting the hotel therein submitted that there is no danger to the building, and it is not in a dilapidated condition. It is further submitted that the same is being maintained properly. WPC.No.10576/2010 : 2 : There will be a direction to the first respondent to immediately take steps to issue notice to the parties including petitioner and respondents 4 to 6. Final orders will be passed within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) skj