IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34916 of 2010(L) -------------------------- PETITIONER(S): --------------- C.INDUCHOODAN, S/O.LATE CHANDRASEKHARAN PILLAI, 'RAJIKA', EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST-682 026 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER HIS MOTHER RAJALAKSHMI, RESIDING AT -DO- BY ADV. SRI.R.AZAD BABU RESPONDENT(S): --------------- 1. COCHIN CORPORATION REPRESENTED BY ITS SECRETARY. 2. PUNNACKAL BHAGAVATHY TEMPLE REPRESENTED BY ITS CONVENER, ELAMAKKARA P.O., COCHIN - 26. MR.M.K.CHANDRAN MOHAN DAS, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34916 OF 2010 -------------------------- Dated this the 22nd day of November, 2010 J U D G M E N T The petitioner is the owner of a building bearing door Nos.48/476A, 48/476B & 48/476C of Cochin Corporation. With a view to put up a canopy over the first floor of the building, the petitioner submitted an application before the first respondent. By Ext.P3 letter dated 11.3.2010, he was informed that in view of pendency of a suit, O.S. No.3 of 2010 in the Sub Court, Ernakulam, his application cannot be considered. The petitioner thereupon submitted Ext.P4 representation dated 22.3.2010 before the Secretary of Cochin Corporation pointing out that the suit is one instituted by him and that the order of injunction is in his favour and the said order does not stand in the way of the Corporation from considering his application. In this writ petition, the petitioner seeks a direction to the Secretary of Cochin Corporation to consider Ext.P4 representation and take a decision thereon within a time limit to be fixed by this Court. 2. Sri. M.K.Chandra Mohan Das, learned standing counsel appearing for the first respondent submits that Ext.P4 is being considered by the Secretary and that the Secretary will take a WPC No.34916/2010 2 decision in the matter expeditiously. 3. I have considered the submissions made at the Bar by the learned counsel on both sides. It is evident from the pleadings that the petitioner has instituted a suit against the office bearers of the second respondent temple and that the civil court has passed an order of injunction in favour of the petitioner. In such circumstances as there is a dispute between the petitioner and the second respondent, I am of the opinion that the first respondent should consider the objections, if any, which the second respondent will have, while considering the request made by the petitioner in Ext.P4 representation. I accordingly dispose of this writ petition with a direction to the Secretary of Cochin Corporation to consider the request made by the petitioner in Ext.P4 with notice to the second respondent and take an appropriate decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN, (JUDGE) vps WPC No.34916/2010 3 WPC No.34916/2010 4