IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 18528 of 2009(I) ------------------------------------- PETITIONER: ------------------- M.M.ALIYAR, S/O.VEERAN, AGED 45 YEARS, MELAYIL HOUSE, THANKALAM KARA, TRIKARIYUR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. MR.SIRAJ KAROLY. RESPONDENTS: ------------------------ 1. THE SECRETARY, KOTHAMANGALAM MUNICIPALITY, MUNICIPAL OFFICE, KOTHAMANGALAM. 2. THE KOTHAMANGALAM MUNICIPALITY REP.BY ITS SECRETARY, MUNICIPAL OFFICE, KOTHAMANGALAM. 3. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM. 4. BENNY, S/O.VARGHESE, KALLUNGAL HOUSE, KARUKADAM P.O., KOTHAMANGALAM. 5. VARGHESE, S/O.PAILY, PAZHUKKALIL HOUSE, THANGALAM, KOTHAMANGALAM. R1 & R2 BY ADV. MR.ALEXANDER JOSEPH, R3 BY GOVT. PLEADER MR. MANU .V, R4 & R5 BY ADV. MR. PEEYUS A . KOTTAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18528/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PHOTOGRAPH SHOWING THE ENTRANCE AND THE RESPONDENT'S SHOP ROOM. EXT.P.2: COPY OF THE COMPLAINT MADE BY THE PETITIONER DTD 17/06/2009. EXT.P.3: COPY OF THE ORDER DTD. 16/07/2008 ISSUED BY MUNICIPALITY WHICH IS OBTAINED BY THE PETITIONER IN PURSUANCE OF AN APPLICATION UNDER RIGHT TO INFORMATION ACT. EXT.P.4: COPY OF THE REPRESENTATION DTD. 30/04/2009. EXT.P.5: COPY OF THE NOTICE DTD. 26/05/2009. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE PROVISIONAL ORDER DTD. 27/06/2008. EXT.R4: COPY OF THE PLAINT FILED BY THESE RESPONDENTS BEFORE MUNSIFF COURT, MUVATTUPUZHA IN O.S. NO. 263/2008. EXT.R4.A: COPY OF THE INTERIM ORDER PASSED BY THE R.2. MUNICIPALITY. EXT.R4.B: PHOTOGRAPHS (FOUR IN NUMBERS) SHOWING FRONT VIEW OF THESE RESPONDENTS' SHOP ROOMS. EXT.R4.C: COPY OF THE ORDER DTD. 30/07/2008 OF THE MUNSIFF COURT, MUVATTUPUZHA IN I.A. NO. 2505/2008 IN O.S. NO. 263/2008. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18528 OF 2009 ------------------------------------------- Dated this the 23rd day of July, 2009 JUDGMENT 1.The petitioner complains of inaction of the municipal authorities on his complaint of certain unauthorised constructions attributed to respondents 4 and 5. The Municipality and respondents 4 and 5 are also on record with respective counter affidavits. 2.There are civil litigations between the parties. Therefore, this Court does not proceed to state anything on the merits of the disputes on facts. 3. As of now, adverting to Exts.P1 and R4(b) photographs, it can be seen that the complaint of the petitioner is about a canopy, a temporary one, affixed by respondents 4 and 5 in front of their shop 'Lavanya Shopping Centre'. Going by Exts.P1 and R4(b) photographs at running pages 8 and 15 of this paper book, it appears that the said canopy projects to some extent, WPC.18528/09 Page numbers into what may be available as a passage along side the said shop room and a board showing that Lavanya Shopping Centre is also a franchise for Foreign Exchange is placed just above that passage. As of now, the controversies between the parties would stand settled pending final decision by the civil court, if respondents 4 and 5 keep their canopy rolled up and do not use the space beneath it, viz., the varantha, for display or sale of any material. This direction is only to ensure that there is no controversy in that regard until the civil court decides on the issues pending before it, including the construction over the entire or part of the alleged way. This writ petition is so directed, leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.24/7.