IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 24997 of 2007(A) ------------------------------------- PETITIONER: ------------------ M/S.VEMBANADU WATERWAYS, A FIRM DULY REGISTRED UNDER THE PARTNERSHIP ACT HAVING ITS ADMINISTRATIVE OFFICE G-167,PANAMPILLY NAGAR COCHIN-682036 REPRESENTED BY ITS PARTNER K.A.JOSE,S/O,LATE ALEXABRAHAM,R/A KOLLAMKULAM HOUSE, ANNAKKAL P.O,. KANJIRAPALLY. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. GOSREE ISLAND DEVELOPMENT AUTHORITY, DISTRICT COLLECTR'S CAMP OFFICE, COCHIN-11, REP BY ITS SECRETARY. 4. GREATER COCHIN DEVELOPMENT AUTHORITY KADAVANTHARA, COCHIN-20 REP. BY ITS CHAIRMAN. 5. BHARAT PETROLEUM CORPORATION LTD., COCHIN INSTALLATION, POST BOX NO 1028, ERNAKULAM, COCHIN-21. 6. THE KERALA STATE HOUSING BOARD, HEAD OFFICE,SANTHI NAGAR, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. 7. THE CORPORATION OF COCHIN, COCHIN-11 REPRESENTED BY ITS SECRETARY. 8. COCHIN PORT TRUST,WILLINGOND ISLAND, KOCHI-03 REP. BY ITS SECRETARY. BY ADV. SMT.A.G.ANEETHA FOR R7 SRI.P.R.RAMACHANDRA MENON, SC,GCDA FOR R4 WP(C).No. 24997 of 2007(A) SRI.B.S.KRISHNAN(SR.) SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN SRI.A.JAYASANKAR, SC KSHB, TVM FOR R6 SRI.VARGHESE K.PAUL FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24997 of 2007(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE REPRESENTATION DATED 28.6.2005. EXT.P2 - TRUE COPY OF THE SKETCH PREPARED BY THE PETITIONER EXT.P3 - TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE VILLAGE OFFICER. EXT.P4 - TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.01.2007. EXT.P5 - TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 24121 OF 2005. EXT.P6 - TRUE COPY OF G.O.(RT) NO. 108 OF 2005, DATED 29.11.2005. EXT.P7 - TRUE COPY OF THE MINUTES OF THE MEETING DATED 13.2.2006. EXT.P8 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 3.6.2008. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P (C) .No.24997 of 2007 ================== Dated this the 26th day of June, 2008. J U D G M E N T The petitioner seeks the following reliefs in this writ petition : “i) Issue a writ of mandamus or any other writ or order or direction commanding respondents to ensure that the petitioner is provided with a motorable access to its property in such a manner as to ensure that the petitioner is put the property to use; ii) Declare that the action of the Government and its agencies in blocking the access over land & water to the petitioner's properties is illegal & arbitrary & violative of Articles 14,21 & 300A of the Constitution of India. iii) Declare that the petitioner is entitled to motorable access to his property in the facts and circumstances of the case.” 2. However, for the present, he will be satisfied with a direction to the 6th respondent to consider and pass orders on Ext.P8 expeditiously. The learned Standing Counsel for the Kerala State Housing Board submits that the competent officer of the 6th respondent would consider and pass orders on Ext.P8 expeditiously. In the above circumstances, this writ petition is W.P (C) .No.24997 of 2007 - 2 - disposed of with a direction to the competent officer of the 6th respondent to consider and pass orders on Ext.P8 as expeditiously as possible, after affording an opportunity of being heard to the petitioner. However, I make it clear that I have not considered the matter on merits and the contentions of the parties are left open. S.SIRI JAGAN, JUDGE rhs