IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27909 of 2008(V) -------------------------- PETITIONER(S): --------------- KUNHU MARAKKAR, S/O.AHAMMED KUTTY, MANAGING PARTNER HASEENA SAW MILL, RESIDING AT VAYALILAKATH, AYYANTHORE, EDAVANNA, MANJERI. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, PWD ROADS, MANJERI. 3. THE SECRETARY, EDAVANNA GRAMA PANCHAYATH EDAVANNA. BY GP SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).27909/2008 -------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner is an owner of saw mill situated by the side of Manjeri nilamboor road at Pathapiriyam. According to the petitioner, an unauthorized waiting shed has been erected in the road margin in front of his business premises and this causes traffic congestion. Apparently, there is a permanent bus waiting shed approved by the Department on the opposite side of the Road. Reference is made in this regard to Ext.P7 photograph. Petitioner submitted a representation before the Executive Engineer as Ext.P3 pointing out the construction of the waiting shed unauthorizedly and the obstruction which it causes to the traveling public and general public. Apparently, the Executive Engineer issued Ext.P5 requiring the Panchayat to remove the waiting shed to another convenient place. Learned counsel for the petitioner submits that in spite of Ext.P5, no action has been taken. Ext.P4 request is pending before the Panchayat. W.P.(C).27909/2008 2 2. Having heard learned counsel for the petitioner and learned Government pleader, writ petition is disposed of directing the third respondent to look into Ext.P4 and take appropriate action in the light of Ext.P5. This shall be done as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Panchayat Secretary shall hear the petitioner before such action is taken. Copy of the writ petition along with the copy of the judgment shall be produced by the petitioner before the third respondent, for compliance. V.GIRI, Judge mrcs