IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 5486 of 2008(C) ------------------------- PETITIONER: ------------ SRI.M.J.THOMAS, "GRAY MOOR" M.G.ROAD, COCHIN - 15. BY ADV. SRI.JOHNSON JOSEPH KANADAN SRI.S.KRISHNAN THAMPI RESPONDENTS: ------------- 1. STATE OF KERALA, REP. CHIEF SECRETARY, TRIVANDRUM. 2. ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF COCHIN - 11. 3. SRI.JOHN THOMAS, PROPRIETOR, LAWSON TRAVELS & TOURS (P) LTD., M.G.ROAD, COCHIN - 15. BY ADV. SMT.A.G.ANEETHA, SC, COCHIN CORPN. GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 5486 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of February, 2008 JUDGMENT The grievance which has been voiced by the petitioner in this case is that second respondent-Assistant Executive Engineer, Corporation of Cochin is without any justifiable reason interfering with a telephone booth which is installed and conducted upon the property belonging to the third respondent. The second respondent has filed a statement. According to the statement, the third respondent Sri.John Thomas, the admitted owner of the property filed a complaint before the Corporation and on noticing that complaint only the second respondent issued notice to the petitioner directing him to produce documents which will show that the booth has been established with the permission of the Corporation and the permission of the third respondent. The statement also says that since the stand of the petitioner was that there is an order by this court permitting him to conduct the booth, he was also directed to produce that court order WPC.5486/08 2 apart from a no objection statement from the third respondent. Since it is seen from the statement that the issue is being examined by the second respondent and the second respondent wants to enquire further whether the booth is situated at puramboke or on property belonging to the third respondent, I am of the view that the Corporation should be directed to complete the enquiry within a time frame. I therefore dispose of the writ petition directing the Corporation to complete the enquiry which is indicated in the statement filed at the earliest and at any rate within four months of receiving a copy of this judgment. Till such time as enquiry is completed and orders are passed after hearing the petitioner and the first respondent, Corporation will permit the petitioner to maintain status quo as obtaining today regarding the telephone booth in question. PIUS.C.KURIAKOSE JUDGE sv. WPC.5486/08 2