IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 32611 of 2005(G) -------------------------------------- PETITIONERS: ------------------ 1. RAVI, S/O.SUBRAMANIYAN CHETTIYAR, `MALLIKA MANDIRAM',OPP. VARKALA RAILWAY STATION, THIRUVANANTHAPURAM DIST. 2. E. SHAHUL HAMEED, `MAHIJA MANZIL', AYROOR, VARKALA, THIRUVANANTHAPURAM. 3. P.N. ANIRUDHAN, MANAGER, ANANDA TOURIST HOME, VARKALA-695141. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: ------------------------ 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF RAILWAYS,NEW DELHI. 2. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIST. ADV. SRI.SUBAL J.PAUL, SC, RAILWAYS FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32611/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE SKETCH SHOWING THE LOCATION OF THE COMMERCIAL BUILDING. EXT.P2:- COPY OF THE REPRESENTATION FORWARDED TO THE 2ND RESPONDENT ON DT. 8.10.2005. EXT.P3:- COPY OF THE RESOLUTION WHICH WAS FORWARDED TO THE 2ND RESPONDENT DT. 16.11.05. EXT.P4:- COPY OF THE LETTER TO THE 2ND RESPONDENT DT. 10.10.2005. EXT.P5:- COPY OF THE ORDER PASSED BY THE SECRETARY OF THE MUNICIPALITY NO.OW2-11911/05 DT. 3.12.05. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 32611 OF 2005 --------------------------------------- Dated this the 4th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) To issue a writ of mandamus or other appropriate writ, direction or order commanding the respondent not to proceed with construction of the Railway Quarters in front of the shop buildings of the petitioner holding that it will infringe the right to free enjoyment of property and also cause substantial nuisance like pollution, air circulation and loss of road frontage. It is for the petitioners to approach the second respondent in case they have still any grievance left, in which case, the matter will be duly examined by the second respondent with notice to the petitioners and the Municipality before proceeding with the construction. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 32611 OF 2005 J U D G M E N T 04.07.2008