IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 26375 of 2008(M) ------------------------------------- PETITIONER(S): ----------------------- E.X.TITUS, PRINCY TOURS AND TRAVELS, VYTTILA. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): ------------------------- 1. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. 2. REVENUE OFFICER, COCHIN CORPORATION, COCHIN, ERNAKULAM. 3. SHANI JOHNSON , NADAKKYAL HOUSE, THALOOR.P.O, THRISSUR. BY SRI. S. RAMESH BABU, SC ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26375 of 2008 (M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE PHOTOCOPY OF THE AGREEMENT DATED 4.8.1994. EXT.P2 - TRUE PHOTOCOPY OF THE BILL DATED 24.7.2008. EXT.P3 - TRUE PHOTOCOPY OF THE ORDER ISSUED BY REVENUE OFFICER DATED 31.3.2008. EXT.P4 - TRUE PHOTOCOPY OF THE COMPLAINT DATED 27.8.2008 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT OFFICE. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.26375 of 2008 ================== Dated this the 29th day of October, 2008. J U D G M E N T This writ petition is filed by the petitioner challenging the action of the Kochi Corporation in demanding parking fee for parking vehicles in front of the petitioner's business place by the side of the National Highway. In view of the Division Bench decision directing prohibiting of parking of vehicles by the side of the National Highway, I directed the Corporation to state as to how they can recover parking fees for parking which is prohibited. A statement has been filed by the Corporation stating that the land in question is not by the side of the highway itself but by the side of another road parallel to the highway. There is a further averment in the statement to the effect that that particular place has been declared as parking place along with ten other places as per decision No.84 dated 2.12.2006 of the Corporation. It is also submitted that the Corporation has powers to designating a particular place as a parking place and collect parking fee for the use of that parking place. When the matter came up on 6.10.2008 no body appeared for the petitioner. When the matter was taken up W.P(C)No.26375 of 2008 - 2 - today, today also counsel for the petitioner is absent. The counsel for the corporation is present. In view of the statement filed, I do not find any merit in this writ petition. Accordingly the same is dismissed. However, I make it clear that I have not pronounced on the question as to whether the particular parking place is by the side of the National Highway or not and if it turns out that the area is by the side of the National Highway, the Corporation would be responsible for their action. S.SIRI JAGAN, JUDGE rhs