IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 14175 of 2008(K) -------------------------- PETITIONER(S): --------------- P.V.KUMARAN @ KAMMARAN, S/O.PAITHAL, PUTHENVEEDU HOUSE, ULLIYIL P.O., IRITTY,KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE KEEZHU CHAVASSERY PANCHAYAT, PUNNAD P.O., IRITTTY, KANNUR DISTRICT REPRESENTED BY ITS SECRETARY. 3. THE SUB INSPECTOR OF POLICE, IRITTY. ADV. SRI.I.V.PRAMOD FOR R2 SRI.P.NARAYANAN FOR R2 GOVERNMENT PLEADER, SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14175 of 2008 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 30/10/1986 ISSUED BY DR.A.V.DAMODARAN CERTIFYING THE DISABILITY OF THE PETITIONER. EXT.P2 TRUE COPY OF THE ORDER DATED 10/11/1985 ISSUED BY THE TAHSILDAR, TELLICHERRY. EXT.P3 TRUE COPY OF THE LOCATION MAP PREPARED BY THE ASSISTANT ENGINEER (PWD ROADS) IRITTY. EXT.P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 31/03/2001 ISSUED BY THE SPECIAL GRADE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KANNUR. EXT.P5 TRUE COPY OF THE ORDER DATED 08/06/2001 IN CMP NO.11241/2001 IN OP NO.6841/2001 OF THIS HON'BLE COURT. EXT.P6 TRUE COPY OF THE JUDGMENT DATED 24/03/2006 IN WPC NO.6841/2001 OF THIS HON'BLE COURT. EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 29/05/2007 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14175/2008-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of December, 2010 J U D G M E N T The petitioner is a physically handicapped person. He was given on lease 225 Sq.links of P.W.D puramboke land in Re-survey No.1196 of Keezhur Desom for putting up a bunk shop as per Ext.P2 order passed by the Tahsildar, Thalassery. Follow-up action was taken to peg mark the leased plot by the Assistant Engineer, PWD Roads, Iritty. It is averred in this writ petition that at the time of road widening, as directed by the authorities, the bunk shop was shifted further eastwards to facilitate the smooth traffic in the area. The period of lease was extended from time to time and he had been paying the lease rent also. 2. Attempt was made in the year 2001 to evict him. He filed O.P.No.6841/2001 where there was a grant of stay against the eviction proceedings. By Ext.P6 Judgment, this Court directed the petitioner to approach the first respondent. When the threat of eviction continued from the part of the second W.P.(C). No.14175/2008 -:2:- respondent, the petitioner filed a representation as per Ext.P7 before the District Collector. 3. In Ext.P7 representation, the petitioner pointed out that he is a physically handicapped person and the shop is located in the present place in the light of the no objection granted by the PWD and the Keezhur Chavassery Grama Panchayat. It is therefore, prayed by him that he may be allowed to conduct the bunk shop in the same place. This Court passed an interim order on 16/05/2008 allowing him to continue in the place allotted to him as per Ext.P2 order. 4. It is upto the District Collector to take a decision on Ext.P7 after hearing the petitioner. All aspects will be considered and a suitable decision will be taken within a period of three months from the date of receipt of a copy of this Judgment. The interim order will continue till a decision is taken and communicated to the petitioner. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms