IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 5TH JULY 2007 / 14TH ASHADHA 1929 WP(C).No. 20570 of 2007(W) -------------------------- PETITIONER: ----------------- QATER AIRWAYS, C/O.LEMEREDIAN HOTEL COCHIN - 682 304, REPRESENTED BY ITS FINANCE OFFICER, JAYARAJ.T., AGED 42 YEARS, S/O.P.A.MENON. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, CORPORATION OF COCHIN. 4. THE ASSISTANT EXECUTIVE ENGINEER, ROADS DIVISION, NATIONAL HIGHWAY, VYTTILA, ERNAKULAM. BY SR.GOVT.PLEADER SRI.K.V.MOHAMMED ANZAR - R1, R4 BY ADV.SRI.PRAVEEN K JOY - R2, R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.20570 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2007. J U D G M E N T Having heard learned counsel for the petitioner and learned Standing Counsel for respondents 2 and 3, I am satisfied that this writ petition can be disposed of without going into the various contentions raised by the petitioner. 2. It appears that petitioner has purchased a piece of land near Vyttila within the limits of Corporation of Kochi. Ext.P3 photograph shows that the property abutting a service road which runs parallel to NH 47. There is a bus shelter adjoining petitioner's property and situated very near to its entry point. Grievance of the petitioner is that the bus shelter will adversely affect the proper and more utilitarian enjoyment of his property unless it is slightly shifted from its present position. 3. I do not propose to deal with the issue in view of the submission made by the learned Standing Counsel for the Corporation at the Bar. He submits that the Corporation has received Ext.P5 representation submitted by the petitioner in this regard highlighting his grievance and all other aspects of the issue. The Corporation is prepared to look into the matter with an open mind and take a decision thereon expeditiously. In the above facts and circumstances the writ petition is disposed of with a direction to respondent 2 and/or 3 to take a decision on Ext.P5 on its merit and in accordance with law, as expeditiously as possible, at any rate within one month from the WP.20570/07 2 date of receipt of a copy of this judgment. Needless to mention that the petitioner shall be afforded sufficient opportunity to be heard before any decision is taken in the matter. Similarly respondent No.4 or such other officials of the Department concerned shall also be heard by the Corporation before any decision is taken in the matter. A.K. Basheer Judge. an.