IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 13159 of 2009(L) -------------------------- PETITIONER: --------------- A.SADASIVAN NADAR, S/O.LATE APPIYAN NADAR,BABY NIVAS,THIRUVALLOM P.O. THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION,PUBLIC WORKS DEPARTMENT,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. KOMALAN,S/O.CHANDRANANDAN,MUDIPPURA VILA PUTHEN VEEDU,KATTACHALKUZHI DESOM, VENGANOOR VILLAGE, THIRUVANANTHAPURAM. 4. ANIL KUMAR, S/O. GOVINDAN, BABA NILAYAM, UPANIYOOR DESOM, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM. 5. RADHAKRISHNAN,S/O.KRISHNAN,PANANVILA VEEDU,KOTTUKAL DESOM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------ W.P.(C).No.13159 of 2009 ------------------------------------ Dated this the 26th day of May, 2009 JUDGMENT The premises belonging to the petitioner was leased out to respondents 3 to 5 for running a toddy shop. It seems that later, the petitioner was not desirous of continuing the lease beyond 31.03.3009. He, therefore, intimated the Excise Authorities about his dissent to the renewal of the lease. He also moved this court in W.P.(C) No.11999/09 for a direction to the Excise Authorities to hear him also before taking a decision on the renewal application for licence put in by the existing licensees. Further proceedings are pending. 2. The petitioner contends that thereafter the licensees have started an unauthorised shop near the premises abutting the margin of the National Highway. Such unauthorised shop was being conducted after drawing electricity from the petitioner's premises. This aspect has been brought to the notice of the Executive W.P.(C).No.13159 of 2009 :: 2 :: Engineer, National Highway, Thiruvananthapuram. This writ petition has been filed seeking appropriate direction to the Executive Engineer to look into Ext.P3 and take appropriate action. 3. I heard learned Government Pleader also. 4. If the allegations in Ext.P3 are correct, appropriate action is to be taken by the 2nd respondent. This shall be with notice to respondents 3 to 5 as well. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3 and conduct an enquiry and take appropriate action within a period of two months from the date of receipt of a copy of this judgment, after giving notice to respondents 3 to 5 as well. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge