KOZHIKODE CORPORATION Vs. T.P. BASHEER

JUDGEMENT

(1.) Heard Sri.K.D.Babu, the learned Standing Counsel appearing for the Kozhikode Corporation, who are the appellant before us. Also heard Sri.Nirmal S., the learned counsel appearing for the respondent/writ petitioner.

(2.) The writ petitioner is the owner of a shop room bearing No.17/503-C at Maruthi Enterprises Shopping Complex near the Moffussil bus stand at Kozhikode where he is operating a computer business in the name of Cosmic IT Solutions. According to him, when the Kozhikode Corporation constructed a compound wall in the bus stand in front of the shop room of the petitioner, the business of the petitioner, who was dependent on the bus passengers, was impacted and thus aggrieved, he approached this Court.

(3.) In the Writ Petition, the petitioner referred to the O.P.No.29800 of 2000 filed by three other shop keepers, who also were impacted by the construction of the wall in the bus stand and in whose favour, this Court under the judgment dated 29.11.2000 (Ext.P5), issued direction to the Corporation to provide openings at regular intervals in the compound wall. The petitioner contended that he had filed the Ext.P8 representation on 30.9.2002 before the Municipal Authorities for similar access to his shop but when the representation was not considered, he had filed the Writ Petition in the year 2015.