IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 279 of 2008(G) ------------------------ PETITIONER: ------------ M.J.ROSY, W/O.THADIKKARAN DEVASSIKUTTY, RESIDING AT KANAKADHARA ROAD, THIRUTHERI TEMPLE ROAD, KURIACHIRA P.O., THRISSUR. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: ------------- 1. THE CORPORATION OF THRISSUR REPRESENTED BY ITS SECRETARY, M.O.ROAD, THRISSUR. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. C.K.JOY, S/O.CHALISSERY KUNJU VAREED, RESIDING AT KANAKADHARA ROAD, (VIA) THIRUTHERI TEMPLE ROAD, KURIACHIRA P.O., THRISSUR. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO SRI.LELLULAL T.G.THUNDATHIL SRI.K.A.SREEJITH SRI.M.R.DHANIL SRI.JIMMY JOHN VELLANIKARAN GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.279 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2008 JUDGMENT The grievance voiced by the petitioner is that the third respondent has put up a big hump with steep slopes on the public road ( belonging to the corporation) situated in front of his house. According to the petitioner such construction offends the provisions of the Municipalities Act. The petitioner has caused a lawyer notice-Ext.P1 to the Thrissur Corporation and also to the third respondent proposing to file a suit if the request in Ext.P1 that the hump should be removed is not acceded to. Counsel for the petitioner wants me to direct the Corporation to file a statement so that the Corporation's position regarding the ownership of the spot where the alleged hump is constructed can be known. I am not inclined to settle the dispute regarding the ownership over the spot where the so called hump is constructed at present. I dispose of the writ petition directing the first respondent to WPC.No.279/08 2 construe Ext.P1 lawyer notice as a representation submitted by the petitioner, issue notice and conduct necessary local inspections and measurements, hear the petitioner and the third respondent and take a decision. Decision as directed above will be taken by the Corporation at the earliest and at any rate within two months of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.279/08 2