IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 23984 of 2004(E) ----------------------------------------- PETITIONER: ------------------- JALALUDEEN, T.C.6/1063, LAILA MANZIL, MANCHADIMOODU, VATIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.A.AHZAR RESPONDENTS: -------------------------- 1. SUPERINTENDING ENGINEER, ROADS AND BRIDGES, SOUTH CIRCLE, P.W.D., THIRUVANANTHAPURAM. 2. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY SRI. P.K. MANOJKUMAR, SC, CORPORATION OF TVM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23984/2004 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE IDENTITY CARD ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER BEARING BUNK NO.409. EXT.P2: COPY OF THE LETTER NO.DB4-2976/2003 DTD. 23/06/2003 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE AGREEMENT NO.3/AEE/CRS/2003-04 DTD. 24/06/2003. EXT.P4: COPY OF THE LETTER NO.A4/1746/03 DTD. 16/07/2003. EXT.P5: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 16/07/2003. EXT.P6: COPY OF THE JUDGMENT IN WP(C) NO.37720/2003 OF THIS HON'BLE COURT DTD. 31/03/2004. EXT.P7: COPY OF THE ORDER NO.R13/20340/2004 DTD. 15/05/2004 OF THE 2ND RESPONDENT. EXT.P11: COPY OF THE PHOTOGRAPH OF THE BUNK RUN BY THE PETITIONER. EXT.P12: COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT. EXT.P13: COPY OF THE LETTER DTD. 16/11/2004 ISSUED BY THE EXECUTIVE ENGINEER, PWD TO THE SECRETARY, THIRUVANANTHAPURAM CORPORATION. EXT.P14: COPY OF THE CERTIFICATE DTD. 21/10/2004 ISSUED BY THE SUPERINTENDING ENGINEER, PWD. EXT.P15: COPY OF THE LETTER DTD. 04/08/2006 SUBMITTED BY THE PETITIONER TO THE HEALTH OFFICER, THIRUVANANTHAPURAM CORPORATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 23984 of 2004 -------------------------------------------------------- Dated: JUNE 24, 2008 JUDGMENT Petitioner seeks to quash Ext.P7 and to direct the 2nd respondent to renew the licence of the petitioner to run his bunk shop at a vacant space near the NGO Quarters in Nandavanam Road of Trivandrum City. 2. It is submitted by the petitioner that since 1985 he has been conducting a bunk shop on the strength of Ext.P1 licence. While so, the petitioner requested the 3rd respondent to permit him to shift the bunk shop to a vacant place pursuant to the direction of the 2nd respondent to shift the bunk from the place occupied by him. According to him, this was permitted and he re-located his shop at a vacant place allotted by the 3rd respondent. 3. While he was continuing as such, without notice to him, the 2nd respondent removed the bunk shop and thereupon the petitioner approached this court by filing WP(C) 37720/2003. That writ petition was disposed of by Ext.P6 judgment directing WP(C) 23984/2004 2 the Corporation to consider the request of the petitioner for a suitable accommodation. That was rejected by Ext.P7. It is in this background this writ petition has been filed. 4. Though the Corporation contested the entitlement of the petitioner, the fact remains that since the order passed by this court on 23rd August, 2004 and the interim order passed in W.A.No.1854/2004 filed by the Corporation against the aforesaid interim order, the petitioner is occupying a site near the NGO Quarters at the Nandavanam Road. Ext.P11 is the photograph of the bunk shop owned by the Petitioner. Licence is also seen issued by Ext.P12. Though the counsel for the Corporation submits that the Corporation, as a matter of policy, has decided not to permit any bunk shop on the side of busy thoroughfares, there is nothing on record to indicate that the road where the petitioner has placed his bunk shop is a busy one. On the other hand, the photographs gives a contrary impression. Be that as it may, since the petitioner is earning his livelihood from a small bunk shop, I do not think it is necessary for the Corporation to disturb the petitioner atleast now. 5. Therefore I direct that the petitioner will be permitted to continue the bunk shop at the place which is occupied by him. WP(C) 23984/2004 3 However, this cannot be done without any licence, as is now done. Therefore, the petitioner shall file an application for licence before the Corporation and an appropriate order in the light of the observations made above, will be passed by the Corporation. 6. Petitioner has a complaint that the Corporation is not issuing necessary application forms to enable him to make an application for licence. I see no justification for the Corporation to decline even the issue of an application form. The Corporation shall, on production of a copy of this judgment, issue necessary application form to the petitioner in order to enable him to make an application as directed above. 7. It is clarified that in the event the Corporation needs the site in question for widening the road or such other purposes, it will be open to the Corporation to take appropriate action for the re-location of the bunk in question. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-