Citation : 2025 Latest Caselaw 9359 Ker
Judgement Date : 6 October, 2025
2025:KER:73494
WP(C) NO. 27087 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
WP(C) NO. 27087 OF 2025
PETITIONERS:
1 P.V. RAMANAN
AGED 59 YEARS
S/O VAVA, PADANNAYIL HOUSE, KATTAPPANA P.O., IDUKKI
DISTRICT., PIN - 685508
2 SANTHOSH DEVASIA,
AGED 52 YEARS
S/O. DEVASIA,KANJIRATHINKAL HOUSE, KATTAPPANA P.O.,
IDUKKI DISTRICT., PIN - 685508
3 SANAL KUMAR K.S,
AGED 39 YEARS
S/O SADANANDHAN, KALATHIL HOUSE, KATTAPPANA P.O.,
IDUKKI DISTRICT., PIN - 685514
BY ADV SHRI.GEORGE SEBASTIAN
RESPONDENTS:
1 THE KATTAPPANA MUNICIPALITY
REPRESENTED BY ITS SECRETARY. MUNICIPAL OFFICE OF
KATTAPPANA, KATTAPPANA PO, IDUKKI., PIN - 685508
2 THE SECRETARY,
KATTAPPANA MUNICIPALITY, MUNICIPAL OFFICE OF
KATTAPPANA, KATTAPPANA PO., PIN - 685508
3 THE TRAFFIC REGULATORY COMMITTEE OF KATTAPPANA
MUNICIPALITY,
REPRESENTED BY ITS CHAIRMAN- THE CHAIRPERSON,
KATTAPPANA MUNICIPALITY, MUNICIPAL OFFICE OF
KATTAPPANA, KATTAPPANA P.O., IDUKKI., PIN - 685508
2025:KER:73494
WP(C) NO. 27087 OF 2025
2
4 THE DISTRICT POLICE CHIEF IDUKKI,
OFFICE OF THE DISTRICT POLICE CHIEF, IDUKKI, IDUKKI
DISTRICT., PIN - 685603
5 THE STATION HOUSE OFFICER,
KATTAPPANA ,KATTAPPANA POLICE STATION, KATTAPPANA PO,
IDUKKI DISTRICT., PIN - 685508
6 THE REGIONAL TRANSPORT AUTHORITY,
REPRESENTED BY ITS SECRETARY, OFFICE OF THE REGIONAL
TRANSPORT AUTHORITY, CIVIL STATION, KUYILIMALA, PINAV
P.O., IDUKKI., PIN - 685603
7 THE REGIONAL TRANSPORT OFFICER,
IDUKKI, OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL
STATION, KUYILIMALA, PINAV P.O., IDUKKI ., PIN - 685603
8 ADDL.R8: PRAJI SIBI,
W/O. SIBI, PALLIKKUNNEL HOUSE, KANCHIYAR, MEPPARA,
KALTHOTTI P.O., KATTAPPANA, IDUKKI DISTRICT - 685 507.
(ADDL.R8 IS IMPLEADED AS PER ORDER DATED 18.09.2025 IN
IA NO.1/2025 IN WP(C) NO.27087/2025.)
OTHER PRESENT:
SR.GP.SMT.PREETHA K.K.,
SC-SRI.UNNIKRISHNAN V. ALAPATT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:73494
WP(C) NO. 27087 OF 2025
3
JUDGMENT
Dated this the 6th day of October, 2025
The writ petition is filed to direct the respondents 1
to 5 to prevent the putting up of sheds, stages and any type
of fixtures and convening of meeting inside the old bus stand
premises of the 1st respondent-Municipality
2. The petitioners are running business
establishments in the shop rooms taken on lease by them in
the shopping complex of the 1st respondent-Municipality
situated in the old bus stand. The 1 st respondent has
permitted the 8th respondent to operate a pay and park
facility in the open areas of the shopping complex on license
basis. However, under the guise of operating the pay and
park facility, the 8th respondent is renting out the open area
to third parties, to conduct functions and meetings, that too
by erecting sheds, stages and other fixtures, which is
causing obstruction to the petitioners conducting their 2025:KER:73494 WP(C) NO. 27087 OF 2025
business. Even though the petitioners have submitted
Ext.P4 to P6 representations before the respondents 2, 3 and
7, no action has been taken in the matter. Hence, the writ
petition.
3. When the writ petition came up for consideration
on 18.09.2025, this Court had directed the 2 nd respondent to
ensure that the additional 8th respondent does not put up any
structure in the open space where the pay and park facility
is being operated, without obtaining the permission from
the 2nd respondent.
4. Heard; the learned counsel for the petitioners,
the learned Standing Counsel appearing for the
respondents 1 to 3 and the learned Government Pleader.
Even though notice has been served on the 8 th respondent,
there is no appearance for her.
5. The learned counsel for the petitioners and the
learned Standing Counsel for the respondents 1 to 3 submit
that, subsequent to the interim order dated 18.09.2025, the
8th respondent is not erecting any sheds, stages, or fixtures 2025:KER:73494 WP(C) NO. 27087 OF 2025
in the open space. Therefore, the interim order dated
18.09.2025 can be made absolute and the writ petition can
be closed.
In light of the above submission, I dispose of the writ
petition, by making the interim order dated 18.09.2025
absolute.
SD/-
C.S.DIAS, JUDGE rmm/6/10/2025 2025:KER:73494 WP(C) NO. 27087 OF 2025
APPENDIX OF WP(C) 27087/2025
PETITIONER EXHIBITS
Exhibit P1 . TRUE PHOTOGRAPHS SHOWING THE BOARDS PUT UP BY THE 1ST RESPONDENT IN THE OLD BUS STAND OF KATTAPANA MUNICIPALITY Exhibit P2 TRUE COPY OF PHOTOGRAPHS SHOWING THE TEMPORARY SHEDS AND CONSTRUCTIONS MADE IN THE OLD BUS STAND OF THE KATTAPPANA MUNICIPALITY IN CONNECTION WITH RECENT FUNCTION Exhibit P3 A TRUE COPY OF NEWS REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 17.07.2025 IN CONNECTION WITH A PROGRAMME INSIDE THE OLD BUS STAND OF THE KATTAPPANA MUNICIPALITY Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 18.07.2025 FILED BY THE PETITIONERS ALONG WITH ANOTHER PERSON BEFORE THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 18.07.2025 FILED BY THE PETITIONERS ALONG WITH ANOTHER PERSON BEFORE THE 3RD RESPONDENT Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 18.07.2025 FILED BY THE PETITIONERS ALONG WITH ANOTHER PERSON BEFORE THE 7TH RESPONDENT
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