IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 25393 of 2006(W) -------------------------- PETITIONER: ------------------ JINSE, S/O. LONAPPAN, CHIRAYATH CHAMAVALAPPIL HOUSE, POTTA ASHRAMAM STOP, CHALAKUDY. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: --------------------- 1. CHALAKUDY MUNICIPALITY, REP. BY ITS SECRETARY, CHALAKUDY. * 2. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY ROADS AND BRIDGES SECTION, CHALAKUDY. - DELETED 3. VINSON, S/O. KUMARAN, RAYIPPARAMBAN HOUSE, BEHIND POTTA ASHRAMAM, CHALAKUDY. 4. JOHNY, S/O. KOCHAPPU, MENACHERY HOUSE, POTTA ASHRAMAM STOP, CHALAKUDY. ADDL. RESPONDENT 5 IS IMPLEADED 5. THE PROJECT DIRECTOR & GENERAL MANAGER(T), HIGHWAY ADMINISTRATOR, TUSHARAGIRI,. PALAKKAD. (ADDL. RESPONDENT IS IMPLEADED AS PER ORDER IN I.A. 10043/2007) (* RESPONDENT NO. 2 IS DELETED FROM PARTY ARRAY AS PER ORDER IN I.A. 16050/06 DT. 23.11.06) BY ADVS. SRI.SHEEJO CHACKO FOR R3 & 4 SRI.M.N.MANOJ FOR R3 & 4 SRI THOMAS ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 25393/2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE APPLICATION FOR LICENSE SUBMITTED BY THE PETITIONER DT. 17.10.05 EXHIBIT P2 : PHOTOGRAPHS SHOWING THE PERMANENT NATURE OF HOTELS RUN BY RESPONDENTS 3 & 4 EXHIBIT P3 : COMPLAINT FILED BY THE PETITIONER BEFORE THE MUNICIPALITY DT. 13.7.06. RESPONDENT'S EXHIBITS: EXHIBIT R4(a) : THE TRUE COPY OF THE PHOTOGRAPH SHOWING ENCROACHMENT EXHIBIT R4(b) : THE TRUE COPY OF THE JUDGMENT IN O.P. 30492/2002 ON THE FILES OF HON'BLE HIGH COURT OF KERALA. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.25393 of 2006 ----------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT The writ petition is filed with the following prayer:- i) issue a writ of mandamus directing the 1st respondent Municipality to proceed against the respondents 3 & 4 for their unlicensed business during day time. In view of the intervening developments in case the petitioner has still any grievance left, the petitioner may approach the Project Director, National Highways, Project Implementation Unit, Palakkad, in which case appropriate action in accordance with law with notice to the petitioner and other affected parties shall be taken in the matter expeditiously. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.25393 of 2006 ----------------------------------- JUDGMENT 5th September, 2008