IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35423 of 2010(C) ----------------------------------------- PETITIONER(S): ------------------------ N.K.GUPTA, M/S. BHAVANI AUTO DISTRIBUTORS, T.C. NO. 28/627-2,3 & 4 'RAM TOWERS' SREEKANTESWARAM,THIRUVANANTHAPURAM. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, BY ADV. SRI. SUJIN, SMT. NITA N.S. RESPONDENT(S): ---------------------------- 1. THE CORPORATION OF THIRUVANANTHPURAM, CORPORATION BUILDINGS, PALAYAM THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, THE CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 033. 3. MR. K.RAMDASAN, S/O. LATE KESAVAN, "KALABHAM" T.C. NO. 15/1581(2) M.P. APPAN ROAD, VAZHUTHACAUD THIRUVANANTHAPURAM-695 014. 4. MRS. SHYLAJA RAMDASAN, W/O. K.RAMADASAN, "KALABHAM" T.C.NO.15/1581(2) M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANANTHAPURAM-695 014. 5. AMITH RAMDASAN, S/O. K.RAMDASAN, "KALABHAM" T.C.NO.15/1581(2) M.P.APPAN ROAD, VAZHUTHACAUD,THIRUVANANTHAPURAM-695 014. BY ADVS. SRI. N. NANDAKUMARA MENON, SC, THIRUVANANANTHAPURAM CORPORATION, SRI. P.K.MANOJ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ================ W.P.(C) NO. 35423 OF 2010 ===================== Dated this the 1st day of December, 2010 J U D G M E N T Petitioner was conducting an automobile spare part business in Door No.T.C 28/627/2, 627/3 and 627/4 of Ram Towers, Punnapuram, Trivandrum. On 14/7/2010, for the reason that such business was carried on in a residential premises, Corporation issued notice directing the petitioner to stop functioning the business. For the reason that the petitioner did not comply with such directions, on 4/9/2010, the Corporation Officials locked and sealed the premises. 2. Meantime, petitioner had approached this Court on repeated occasions and finally filed an appeal before the Corporation itself requesting for conversion of the user of the place. In order to enable the petitioner to get such an order, petitioner has to produce an NOC from the Fire service department and to that effect, respondents have already issued a communication to him. 3. According to the petitioner, on receipt of the communication, he approached the Corporation for getting the WPC No. 35423/10 :2 : premises opened to make necessary alterations, but however, there was no response from the Corporation and that led him to file this writ petition. 4. I heard the learned Senior counsel appearing for the Corporation also. 5. Now that the Corporation itself has suggested that the petitioner should produce the NOC from the fire service department and since the Corporation itself has kept the premises under lock and key, it is necessary that the Corporation should provide facility to the petitioner to do the needful to obtain NOC from the fire department. Therefore, I direct that, for the aforesaid limited purpose, Corporation will open the premises and permit the petitioner to make necessary alterations in order to make the petitioner to obtain NOC from the fire service department. This facility will be provided to the petitioner for a period of two months, and in the meantime, petitioner will complete the work. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp