IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 356 of 2009(P) --------------------------------- PETITIONER: ------------------ BHASURA DEVI, D/O.KUNJU KRISHNAN,64 YRS, MELATHIL VEEDU, VARKALA, PRESENTLY RESIDING AT 26 A, PERSIARAN JELA PANGLIMA (5),TOMAN, SLIBIN, IPOH 300100,PERAK,MALAYSIA REPRESENTED BY HER POWER OF ATTORNEY HOLDER M.K.SREESAN,T.C.IC/2518, JUDGES LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.MANOJ RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP:BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE VARKALA MUNCIPALITY REP:BY ITS SECRETARY, VARKALA, THIRUVANANTHAPURAM DISTRICT. GOVERNMENT PLEADER SMT.K.R.DEEPA FOR R1 STANDING COUNSEL SRI.J.S.AJITH KUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ----------------------- W.P.(C) NO. 356 OF 2009 (P) -------------------------------- Dated this the 5th day of January, 2009 J U D G M E N T A major portion of 32 cents of property belonging to the petitioner was acquired for the Varkala private bus stand by the Municipality. After acquisition, the petitioner is left with 7.5 cents, which is adjacent to the bus stand. To prevent others from encroaching into the 7.5 cents of the properties, the petitioner wanted to fence the property. She filed an application before the Municipality seeking permission to fence her remaining property. The same was acknowledged by Exhibit P4. The petitioner seeks a direction to the Municipality to consider the application received by the Municipality as per Exhibit P4. 2. I have heard the learned counsel for the petitioner and learned standing counsel for the Municipality. W.P.(C) No.356/2009 - 2 - In the facts and circumstances of the case, I dispose of this writ petition with a direction to the second respondent Municipality to consider and pass appropriate orders on the application received by the Municipality as per Exhibit P4 after affording an opportunity of being heard as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN, JUDGE skr // True copy // P.A. to Judge.