IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 23918 of 2008(V) -------------------------- PETITIONER: PETITIONERS ----------------------- 1. SOBHA P.B., W/O. KUNJAN BAVA, AGED 55, KANNADITHARA (H), EDAKOCHI, ERNAKULAM DISTRICT. 2. A.K.JAMAL, S/O. KHALID, AGED 40 YEARS, H.NO.23/856 B, PUTHUSSERY LANE, THANGAL NAGAR, PALLURUTHY. BY ADV. SRI.G.KRISHNAKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT. 2. SPECIAL TAHSILDAR (LA) CORPORATION OF COCHIN. 3. CORPORATION OF COCHIN PARK AVENUE, ERNAKULAM, REPRESWENTED BY ITS SECRETARY. 4. SHERLY ALBERT, PANAKATHARA HOUSE, EDAKOCHI, ERNAKULAM DISTRICT, 5. MARGRATE GEORGE,PUTHUPPALLIPURAM, THRIKKAKARA NORTH. BY GOVT.PLEADER SRI.BASANT BALAJI ADV.SRI.S.RAMESH BABU, SC, CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.23918 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2008 JUDGMENT On behalf of the standing counsel for the Corporation, it is submitted that the Corporation has given written instructions to the effect that no fish market is presently functioning in the properties belonging to respondents 4 and 5 and that those properties are not under acquisition proceedings. When the above submission was disputed by Sri.Krishna Kumar, learned counsel for the petitioner, the written instructions dated 13-08-2008 imparted to the standing counsel for the Corporation was placed before me by the standing counsel. The written instructions will be placed on record in this case. On going through the written instructions, it is seen that no fish market is functioning presently in the property belonging to respondents 4 and 5. Ext.P1 minutes highlighted by the petitioners is of the year 1996. We are concerned in this case about the state of affairs obtaining as on date. The written instructions will further show that at present there are no proceedings for acquisition of the properties and that on 07/04/1997 a WPC.No.23918/08 2 value of Rs. 30,000/- per cent was fixed for the properties belonging to respondents 4 and 5 in view of the intended acquisition. But since proceedings have not been initiated pursuant to that proposal, the proceedings have become lapsed. It is also stated that no private parties are presently conducting fish market on the property. Lastly it is stated that the corporation has no proposal to demolish any fish market building. Under these circumstances, I am of the view that the petitioners cannot have any legitimate cause of action against the corporation. Cause of action if at all, they can have only against respondents 4 and 5. I permit the petitioners to seek redressal of any grievance based on the above cause of action by initiating appropriate proceedings before a competent civil court. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.23918/08 2