IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 15994 of 2002(D) ----------------------- PETITIONER: ------------ 1. VAZHAMUTTOM CORI VYAVASAYA CO-OPERATIVE SOCIETY LTD. 3061 REPRESENTED BY ITS SECRETARY, PRABHAKARAN, S/O. SUKUMARAN, AGED 53, RESIDING AT PRABHATAM, VAZHAMUTTOM, PANCHALLOOR P.O. 2. PACHALLOOR COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.177 REPRESENTED BY ITS SECRETARY, RAJU, S/O. VIJAYAN, AGED 46, MANAPURATHU VEEDU, PACHALLOOR. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: ------------- 1. INLAND WATERWAYS AUTHORITY OF INDIA REPRESENTED BY ITS SECRETARY, OFFICE OF INLAND WATER WAYS AUTHORITY OF INDIA, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, OFFICE OF COLLECTORATE, THIRUVANANTHAPURAM. 4. THE CORPORATION OF THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, OFFICE OF CORPORATION OF THIRUVANANTHAPURAM. 5. VIZHINJAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFFICE OF VIZHINJAM GRAMAPANCHAYAT. 6. A & N HOTEL ENTERPRISES LTD., REPRESENTED BY ITS PROJECT, ADMINISTRATOR MR. RAMASWAMY IYER, T.C.15/200, WOMEN'S COLLEGE LANE, VAZHUTHACAUDU, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPN. SRI.K.PRAVEENKUMAR SRI.K.B.PRADEEP THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.15994/02 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE NEWS ITEM APPEARED IN THIS REGARD IN THE DAILY NEWSPAPER THE HINDU DT. 7.6.2002. EXT.P2 : TRUE COPY OF THE PLAN SHOWING THE LOCATION OF LAGOON. EXT.P3 : TRUE COPY OF THE MINUTES OF MEETING HELD ON 2ND RESPONDENT DT. 18.1.2002. KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.15994 of 2002 ---------------------------------------------- Dated 18th January, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “To issue a writ of certiorari or any other appropriate writ, order, direction calling upon the records pertaining to Ext.P3 and quash Ext.P3 with regard to the decision to lease out the water area of lagoon to put up 20 floating cottages to 6th respondent and to stop the retting of coconut husk in the lagoon.” There is already an interim order dated 18.6.2002 in C.M.P.No.26994/02, which reads as follows :- “Post immediately after service of noitce on the 6th respondent. There shall not be any construction by anybody without permission from the Corporation under Section 387 of the Kerala Municipality Act.” There is no counter affidavit. The writ petition is hence disposed of in terms of the latter part of the said interim order. C.M.P.No.26994/02 : Dismissed. KURIAN JOSEPH, JUDGE. tgs OP NO. 2 KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.15994 of 2002 ---------------------------------------------- J U D G M E N T Dated 18th January, 2008.