IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19827 of 2010(C)
1. ANIL AGARWAL, MANAGING PARTNER,
... Petitioner
Vs
1. CORPORATION OF KOCHI, OFFICE OF THE
... Respondent
2. HEALTH INSPECTOR, OFFICE OF THE
3. MANAGER, RITZ HOTEL,
For Petitioner :SRI.ASHIK K.MOHAMMED ALI
For Respondent :SRI.ASHOK M.CHERIAN,SC, COCHIN CORPN.
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :19/07/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.19827/2010-C
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Dated this the 19th day of July, 2010
J U D G M E N T
The petitioner’s grievance appears to be that the third
respondent who is conducting a hotel has encroached the
footpath and is utilising it for cooking food items. It is
also contended that he is causing nuisance to the
neighbouring shop owners by his activities also.
2. Heard the learned counsel for the petitioner, the
learned Standing Counsel for the Corporation and the
learned counsel appearing for the third respondent.
According to the learned counsel for the third respondent,
he is only utilising the land appurtenant to the building
and, therefore, the contention raised by the petitioner
that there is encroachment to the footpath is not correct.
The learned Standing Counsel for the Corporation submitted
that after conducting a preliminary enquiry a direction was
issued to the third respondent to remove the temporary
constructions and cooking utensils. The third respondent,
it appears has filed an objection before the Corporation
with regard to the notice issued to him.
3. In that view of the matter, there will be a
direction to the first and second respondents to take a
W.P.(C). No.19827/2010
-:2:-
decision in the matter with notice to the petitioner and
the third respondent within a period of ten days. Further
action pursuant to the notice will be taken after the final
order is passed.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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