IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9838 of 2008(U) ------------------------- PETITIONER: ------------ K.MOHANAN, S/O.KUNHIRAMAN, KUNNARUVETH, MURIYANAVI, KANHANGAD. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KASARAGOD. 2. THE KANHANGAD MUNICIPALITY, KANHANGAD, KASARAGOD DISTRICT REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.9838 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 25th March, 2008 JUDGMENT The petitioner, a leukemia patient who is conducting a lottery shop has filed this Writ Petition seeking a direction to the 2nd respondent-Municipality not to interfere with the peaceful enjoyment of the petitioner of 56 Sq. links of land in R.S.No.79 of Hosdurg Village which was leased out to the petitioner by the District Collector pursuant to Ext.P4 order. The petitioner submits by referring to Ext.P4 that lease rent upto 2008-2009 has been paid by him to the Government. Pursuant to Exts.P4 and P5, the petitioner installed a temporary bunk shop on the land covered by Ext.P4 for selling lottery and thereafter the petitioner had been selling lottery tickets from the bunk without any objection. While so, the 2nd respondent issued Ext.P2 order declining the petitioner's request for assigning door number to the bunk on the ground that construction of the bunk shop has been in violation of KMBR. Against Ext.P2, the petitioner has filed Ext.P3 before the Secretary of the Municipality requesting that Ext.P2 be reviewed and undertaking to comply with whatever directions as are issued by the Municipality. 2. Having regard to the averments in the Writ Petition and the submissions of the learned counsel for the petitioner and the various W.P.C.No.9838/08 - 2 - documents placed on record and also the submissions of the learned Government Pleader, I am of the view that the following relief can be given to the petitioner without issuing notice to the 2nd respondent considering the pitiable circumstances in which the petitioner is placed: The Secretary of the 2nd respondent-Municipality will place Ext.P3 before the Municipal Council and the Council will construe Ext.P3 as an appeal preferred by the petitioner against Ext.P2 bestowing as much sympathy as it deserves on Ext.P3 and take a decision on Ext.P3. While taking decision on Ext.P3, it is open to the Municipality to impose any reasonable condition on the petitioner for granting relief to him. Decision as directed above shall be taken by the 2nd respondent at the earliest and at any rate within three months of receiving copy of this judgment. Considering the above directions, there will be a further direction to the 2nd respondent to allow the petitioner to conduct sale of lottery tickets from the bunk shop in question peacefully without any objection till such time as decision on Ext.P3 is taken by the Municipal Council. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No.9838/08 - 3 -