IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26477 of 2008(B) -------------------------- PETITIONER: ------------ RAMESH KUMAR, AGED 45, S/O.VENKATACHALAM, T.C.9/1782, KUZHIVILA VEEDU, PULLIAKONAM LANE, SASTHAMANGALAM P.O. BY ADV. SRI.NAIR AJAY KRISHNAN SRI.R.T.PRADEEP RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. THE DEPUTY COLLECTOR (LA), COLLECTORATE THIRUVANANTHAPURAM. 5. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 6. THE SPECIAL TAHSILDAR (LA) GENERAL, THIRUVANANTHAPURAM. 7. M.HASSAN, S/O.MUHAMMED HANEEFA, T.C.9/2177, KANISOM BUILDING, MADRASSA LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 8. TRIVANDRUM DEVELOPMENT AUTHORITY (IRIDA), VAZHUTHACADU, THIRUVANANTHAPURAM. R1 TO R6 BY GOVT. PLEADER MR.BASANT BALAJI R8 BY ADV. SRI.K.A.JALEEL, SC., TRIDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 26477/08) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF PETITION DATED 30.5.02 BEFORE THE RENT CONTROL COURT, THIRUVANANTHAPURAM. EXT.P2: TRUE COPY OF WARRANT DATED 15.3.2008. EXT.P3: TRUE COPY OF JUDGMENT DATED 22.2.2007 IN W.P.C.NO.36811/07. EXT.P4: TRUE COPY OF JUDGMENT IN W.P.C.NO.9847/08 DATED 31.3.2008. EXT.P5: TRUE COPY OF JUDGMENT IN W.A.NO.804/08 DATED 29.5.2008. EXT.P6: TRUE COPY OF NOTICE DATED 26.8.2008. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26477 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd September, 2008 JUDGMENT Mr.R.T.Pradeep, learned counsel for the petitioner has placed before me the photographs pertaining to the building which the petitioner used to occupy as tenant. The photographs will reveal that the submission of the learned Government Pleader that the entire building is completely demolished is correct. Mr.Pradeep requests that the petitioner, a cobbler, may be permitted to make use of the site, for doing his cobbling works. The Government Pleader would oppose the above submission. According to the Government Pleader, the property is now vested with the Government under Section 16 of the Land Acquisition Act and any permission granted to the petitioner to occupy the land will be the permission for unauthorisedly using the Government land. Having considered the rival submissions, I dispose of the Writ Petition issuing the following directions: The petitioner is directed to make an application before the District Collector, Trivandrum for a temporary lease of the site of the building previously occupied by him for doing cobbling works. The District Collector will consider the application bestowing as much sympathy as it deserves and if it is seen that the site is not W.P.C.No.26477/08 - 2 - immediately required by the Government for any public purpose, will consider the application favourably imposing such terms as the District Collector may deem fit. If such an application is received from the petitioner within five days from today, the District Collector will pass orders thereon within another five days. Till such time as the prospective application is submitted by the petitioner, the premises in question will not be used by the Government for any other purpose. It is made clear that this direction is only on the special circumstances attendant on this case where the actual demolition of the building was done at a time when the interim order passed by this court was in currency. But it is also made clear that there is no willful disobedience of the interim order by anybody. srd PIUS C.KURIAKOSE, JUDGE