IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 19827 of 2010(C) -------------------------- PETITIONER(S): --------------- ANIL AGARWAL, MANAGING PARTNER, M/S ELECTRONIC CABLE CENTRE, DOOR NO.39/3813, OPP.MEDICAL TRUST HOSPITAL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): --------------- 1. CORPORATION OF KOCHI, OFFICE OF THE CORPORATION OF KOCHI, PARK AVENUE, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 2. HEALTH INSPECTOR, OFFICE OF THE CORPORATION OF KOCHI, PARK AVENUE, ERNAKULAM. 3. MANAGER, RITZ HOTEL, OPP.MEICAL TRUST HOSPITAL, M.G.ROAD, ERNAKULAM. ADV. SRI.ASHOK M.CHERIAN,SC, COCHIN CORPN. FOR R1-2 SRI.P.U.ZIYAD FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19827 of 2010 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED TO THE PETITIONER BY THE ASSISTANT COMMISSIONER, COMMERCIAL TAXES, SPECIAL CIRCLE-II ERNAKULAM. EXT.P2 TRUE COPY OF THE COMPLAINT GIVEN TO THE SECOND RESPONDENT. EXT.P3 TRUE COPY OF THE RECEIPT DATED 13/05/2010 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19827/2010-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of July, 2010 J U D G M E N T The petitioner's grievance appears to be that the third respondent who is conducting a hotel has encroached the footpath and is utilising it for cooking food items. It is also contended that he is causing nuisance to the neighbouring shop owners by his activities also. 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Corporation and the learned counsel appearing for the third respondent. According to the learned counsel for the third respondent, he is only utilising the land appurtenant to the building and, therefore, the contention raised by the petitioner that there is encroachment to the footpath is not correct. The learned Standing Counsel for the Corporation submitted that after conducting a preliminary enquiry a direction was issued to the third respondent to remove the temporary constructions and cooking utensils. The third respondent, it appears has filed an objection before the Corporation with regard to the notice issued to him. 3. In that view of the matter, there will be a direction to the first and second respondents to take a W.P.(C). No.19827/2010 -:2:- decision in the matter with notice to the petitioner and the third respondent within a period of ten days. Further action pursuant to the notice will be taken after the final order is passed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms