IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 23551 of 2009(L) -------------------------- PETITIONER(S): --------------- 1. E.K.SUKUMARAN, S/O.M.K.KRISHNAN, PUNAMATTATHIL HOUSE,GANDHI NAGAR, PERUMPAIKKATTU,KOTTAYAM. 2. ULAHANNAN JOSEPH, THOPPIL HOUSE,PERUMPAIKKATTU, GANDHI NAGAR P.O. 3. V.C.JOSEPH, VARIKKAPPILLY HOUSE, MANNAM P.O., ATHIRAMPUZHA VILLAGE. 4. M.P.VISWAMBARAN, MANNUSSERIL HOUSE, MANNAM P.O., ATHIRAMPUZHA VILLAGE. 5. KUNJAMMA VARGHESE, MURIKKUMMOOTTIL HOUSE, GANDHI NAGAR P.O.,KOTTAYAM. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SMT.BOBY M.SEKHAR SMT.K.C.MANJU SMT.FOUSIA SATHAR RESPONDENT(S): --------------- 1. ARPOOKARA GRAMA PANCHAYATH, REP.BY ITS SECRETARY,VILLOONNI P.O., KOTTAYAM-686 008. 2. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT,SECRETARIAT, TRIVANDRUM. ADV. SRI.M.V.BOSE FOR R1 MR.V.MANU, GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23551/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE JUDGMENT DATED 12/12/97 IN OP NO.6462/1996. P2 : COPY OF THE RECEIPT EVIDENCING PAYMENT OF FIRST INSTALMENT OF RS.5,000/- BY THE 2ND PETITIONER. P2(a) : COPY OF THE RECEIPT EVIDENCING PAYMENT OF FIRST INSTALMENT OF RS.5,000/- BY 4TH PETITIONER. P2(b) : COPY OF RECEIPT EVIDENCING PAYMENT OF FIRST INSTALLMENT OF RS.5,000/- BY THE 5TH PETITIONER. P3 : COPY OF NOTICE DATED 21/01/2008 ISSUED BY R1. P4 : COPY OF RECEIPT DATED 19/03/2008 ISSUED BY R1 EVIDENCING PAYMENT OF RS.22,500/- BY THE 1ST PETITIONER. P4(a) : COPY OF RECEIPT DATED 15/02/2008 ISSUED BY R1 EVIDENCING PAYMENT OF RS.22,500/- BY THE 2ND PETITIONER. P4(b) : COPY OF RECEIPT DATED 15/02/2008 ISSUED BY R1 EVIDENCING PAYMENT OF RS.22,500/- BY THE 3RD PETITIONER. P4(c) : COPY OF RECEIPT DATED 15/02/2008 ISSUED BY R1 EVIDENCING PAYMENT OF RS.22,500/- BY THE 4TH PETITIONER. P4(d) : COPY OF RECEIPT DATED 15/02/2008 ISSUED BY R1 EVIDENCING PAYMENT OF RS.22,500/- BY THE 5TH PETITIONER. P5 : COPY OF RESOLUTION DATED 17/03/2008 PASSED BY R1. P6 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONRS TO R1. P7 : COPY OF RESOLUTION DATED 18/04/2009 OF R1. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23551 of 2009 (L) --------------------------------- Dated, this the 18th day of February, 2010 J U D G M E N T Prayer sought in the writ petition is to direct the 1st respondent to complete construction of the semi-permanent bunk as resolved in Ext.P7 and to hand over possession of the same to the petitioners. 2. The petitioners are petty traders, who were carrying on business in the vacant land situated on the eastern side of the shopping complex near the Medical College in Arpookkara Grama Panchayat. On an earlier occasion when they were sought to be evicted, they approached this Court and filed original petitions, in which Ext.P1 judgment was rendered. In that judgment, this Court recorded the undertaking of the Panchayat that they had decided to construct semi-permanent bunks for the petitioners and that the petitioners will be rehabilitated in the bunks so constructed. It is also recorded in the judgment that the cost of construction will have to be borne by the petitioners. WP(C) No.23551/2009 -2- 3. Ext.P1 judgment was rendered as early as on 12/12/1997. Although towards cost Rs.27,500/- has been recovered from each of the petitioners, there has not been any progress in the matter. In the circumstances, representations were made to the Panchayat and the Panchayat finally passed Ext.P7 resolving to start construction of the bunks. Ext.P7 is dated 18/04/2009. Thereafter also, there has not been any progress, and the inaction on the part of the Panchayat made the petitioners to approach this Court with this writ petition. 4. From the submissions made by the learned counsel for the Panchayat, what is disclosed is that they are still willing to abide by the undertaking given before this Court and recorded in Ext.P1 judgment. It is stated that due to reasons beyond the control of the Panchayat, some delay has occurred, and that now all clearances have been obtained. It is stated that construction will commence soon and that on completion thereof, the petitioners will be rehabilitated as undertaken in Ext.P1. 5. Now that the Panchayat are standing by its commitment in Ext.P1 to construct semi-permanent bunks and rehabilitate WP(C) No.23551/2009 -3- persons like the petitioners, all that is necessary is that the Panchayat should expedite construction and rehabilitate the petitioners. Therefore, this writ petition is disposed of directing the Panchayat to expedite construction of the semi-permanent bunks and complete the same as expeditiously as possible, at any rate, within six months of production of a copy of this judgment. It is directed that thereupon the petitioners shall be rehabilitated as undertaken in Ext.P1. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg