IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 34089 of 2009(E) -------------------------- PETITIONER(S): --------------- KALYAN KENDRA SILK & SREES, PVT LTD., M.M. ALI ROAD, CALICUT, REP. BY ITS MANAGING DIRECTOR, ARSHAD ABDULLA, MUMTAZ BHAVAN, S.K. TEMPLE ROAD, CALICUT. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT, LOCAL SELF GOVERNMENT DEPT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, CALICUT. 3. SECRETARY, CORPORATION OF CALICUT, CORPORATION OF CALICUT, CORPORATION OFFICE, CALICUT. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.34089 OF 2009 (E) -------------------------------------------------- Dated this the 12th day of January, 2010 J U D G M E N T Petitioner is a company, which has established Kalyan Kendra Silks & Sarees, a show room situated on the north western side of an intersection formed by M.M.Ali Road on the north, Jail Road on the South, Thali Road on the west and Rammohan Road on the east within the Kozhikode Corporation. According to the Petitioner, the building is having a road frontage of 50 meters. It is stated that the Corporation is now renovating the city with the assistance of Asian Development Bank and is putting up metal pipe fencing along the footpath and that as part thereof, it is proposed to install such metal pipe fencing in front of the petitioner's shop as well. According to the petitioner, if this project is implemented, that will result in the petitioner being deprived of its parking facility in front of its shop, causing serious prejudice to the petitioner. 2. Going by the photograph produced by the petitioner, prima facie, there appears some substance in what the petitioner submits. But, if as a matter of fact the Corporation is WPC.No. 34089/09 :2 : renovating the city and as part thereof such metal pipe fencing is necessary, any exemption therefrom is a matter for the Corporation to decide. It is also seen that the petitioner has already approached the Secretary of the Corporation by filing Ext.P6, on which no decision has been taken. 3. Having regard to the pendency of Ext.P6, I direct the 3rd respondent to decide on Ext.P6 with notice to the petitioner, as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. It is directed that in the meanwhile the interim order passed by this court on 26.11.2009 shall remain in force. Petitioner shall produce a copy of the judgment along with a copy of this writ petition before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 34089/09 :3 :