IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 116 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.32828/2008 .................... APPELLANT/ THIRD PARTY: ---------------------------------------- BINOJ N.A., AGED 35 YEARS, S/O. N.P. ANWAR HUSSAIN, RESIDING AT NELLIKKAPILLY HOUSE, ST. ALBERTS HIGH SCHOOL LANE, COCHIN -35. BY ADV. SRI.SHAHUL HAMEED MOOPPAN. RESPONDENTS/ PETITIONER & RESPONDENTS IN W.P.(C): ------------------------------------------------------------------------------------- 1. P.A. ASMA BEEVI, AGED 60 YEARS, W/O. LATE ANWAR HUSSAIN, NELLICKKAPILLY HOUSE, ST. ALBERTS H.S. LANE, ERNAKULAM, KOCHI -35. 2. THE CORPORTION OF KOCHI, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. R2 & R3 BY ADV. SRI. M.K. CHANDRAMOHAN DAS,S.C, R1 BY ADV. SRI. C.P. SAJI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.116 of 2009 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . The writ petitioner filed Ext.P5 petition before the second respondent. Learned single Judge directed the second respondent to pass orders on Ext.P5. The vegetable shop was conducted by late Anwar Hussain. After his death, it is the case of the appellant that he is conducting the shop. According to the petitioner, she is the wife of Anwar Hussain and she is entitled to conduct the shop. In any event, learned Judge only directed to pass orders on Ext.P5. We see no ground to interfere with the impugned judgment. If the appellant has any objection, it is for him to approach the second respondent and file objections. It is submitted that Ext.P5 was already considered and orders were passed. Against that order the appellant filed Annexure 3 appeal. Since it is a statutory appeal, the Corporation shall consider the same according to law after hearing both sides. Since the writ petition was disposed of without hearing the appellant, orders in the appeal should be passed untrammelled by the observations in the impugned judgment. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks