IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 28118 of 2009(H) ----------------------------------------- PETITIONER(S): ------------------------- 1. M.K.BHARATHAN, S/O. KUMARAN, AGED 54 YEARS, 'SOUPARNIKA', VADAKARA-673 101, KOZHIKODE DISTRICT. 2. PAVITHRAN M.K., S/O. NARAYANAN, AGED 52 YEARS, PAVITHRAM, VADAKARA, KOZHIKODE DISTRICT. 3. BHASKARAN, S/O. KANNAN, KUNIYIL PARAMBATH, MEPPAYIL, VADAKARA, KOZHIKODE DISTRICT. 4. E.M.KANARAN, S/O. ONAKKAN, AGED 84 YEARS, EROTH MEETHAL, MANIYOOR, VADAKARA, KOZHIKODE DISTRICT. 5. KELAPPAN, S/O. KUNHIRAMAN, OTHAYOTH VEEDU, MANIYOOR, VADAKARA, KOZHIKODE DISTRICT. 6. M.K.PAVANAN, S/O. NARAYANAN, NARAYANA NIVAS, EDODI, VADAKARA, VADAKARA, KOZHIKODE DISTRICT. 7. MOOSAKUTTY, S/O. ABOOBACKER, RAHATH VILLA, NEAR MARIYAMMAN KOVIL, PILAKUL, THALASSERI. 8. T.P.LAILA, D/O. MUHAMMED, AGED 40 YEARS, T.P.HOUSE, VADAKARA, KOZHIKODE DISTRICT. Kss ..2/- ...2..... WPC.NO.28118/2009 H 9. RAJAN P.T., S/O. KUNHIRAMAN, AGED 54 YEARS, MEETHALE KOVILAKATH, PUTHUPANAM, VADAKARA, KOZHIKODE DISTRICT. BY ADV. MR.DEVIDAS.U.K RESPONDENT(S): --------------------------- 1. THE VADAKARA MUNICIPALITY, VADAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, THE VADAKARA MUNICIPALITY, VADAKARA, KOZHIKODE DISTRICT. R1 & R2 BY ADV. MR.M.SASINDRAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28118/2009 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DTD. 27/08/2009 ISSUED BY THE SECOND RESPONDENT. P2: COPY OF THE OBJECTION DTD. 10/09/2009 FILED BY THE FIRST PETITIONER. P3: COPY OF THE COMMISSION REPORT IN O.S.NO.122 OF 2009 BEFORE THE HON'BLE MUNSIFF COURT, VADAKARA. P4: COPY OF THE RENT AGREEMENT DTD.18/08/2009 EXECUTED BY THE LICENCEE OF THE SHOP NO.1. P5: COPIES OF THE RECEIPTS FOR RENT PAID BY THE PETITIONERS. P6: COPY OF THE RECEIPT FOR CASH DEPOSIT DTD. 07/04/2008 ISSUED TO THE 7TH PETITIONER. P7: COPY OF THE NOTICE DTD. 09/04/1999 ISSUED TO SRI.KUNHIRAMAN, WHO IS THE LICENSEE IN THE FISH MARKET. P8: COPY OF THE NOTICE DTD. 13/05/1999 ISSUED TO SRI.KUNHIRAMAN, WHOIS THE LICENSEE IN THE FISH MARKET. P9: COPY OF THE NOTICES DTD. 19/07/2001 ISSUED TO SRI.K.K.HAMEED, WHO IS THE LICENSEE IN THE FISH MARKET. P10: COPY OF THE NOTICES DTD. 19/07/2001 ISSUED TO SRI.T.K.GOPALAN, WHO IS THE LICENSEE IN THE FISH MARKET. P11: COPY OF THE JUDGMENT DTD. 28/01/2002 IN WPC.NO.30505 OF 2001. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE REQUEST MADE BY THE PRINCIPAL OF THE MERCY ART COLLEGE TO THE MUNICIPALITY. R2(B): COPY OF THE OFFICE NOTICE OF THE PROCEEDINGS REGARDING CONCILIATION MEETINGS HELD ON 15/11/2007. R2(C): COPY OF THE OFFICE NOTE CONTAINING THE REPORT OF THE MUNICIPAL ENGINEER. R2(D): COPY OF THE OBJECTION FILED BY THE RESPONDENT MUNICIPALITY TO THE I.A.NO.1233/09 IN O.S.NO.122/09. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28118 of 2009-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of October, 2009. JUDGMENT The petitioners are occupants of a building which is to be pulled down by the Municipality for the construction of a shopping complex. With Ext.R2 (b) on record along with their counter affidavit, the first respondent Municipality states that rehabilitation measures, as stated therein, would be taken. This is in satisfaction of what the petitioners can aspire as sought for in this writ petition. Recording the submission that the petitioners will be given the benefit of Ext.R2(b) as stated therein, this writ petition is closed. The petitioners will be permitted to continue in occupation of their present premises for a period WPC28118/09 -: 2 :- of one week to enable the Municipality to work out as stated in Ext.R2(b). THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/221009