IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 2653 of 2010(F) ------------------------- PETITIONER(S): --------------- 1. K.P.KELAPPAN, S/O.CHANDHAMMAN, 65 YEARS, VEGETABLE MERCHANT, BUNK NUMBER 6, KINARULLA PARAMBATH, PUTHOOR, VADAKARA-4, PUTHOOR AMSOM DESOM, VADAKARA TALUK, KOZHIKOD DISTRICT. 2. P.M.ASOKAN, S/O.KANNAN, 52 YEARS, VEGETABLE MERCHANT, BUNK NUMBER 13, POONTHODATHMEETHAL, PUTHOOR, VADAKARA-4, PUTHOOR AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 3. MUNEER M.K., S/O.ABDULRAHEEM, 30 YEARS, FRUITS MERCHANT, BUNK NUMBER-5, THAIKKOOTHATHIL, AZHITHALA, VADAKARA-3, VADAKARA AMSOM, DESOM, VADAKARA THALUK, KOZHIKODE DISTRICT. 4. SUNILKUMAR, S/O.CHOYI, 42 YEARS, VEGITABLE MERCHANT, BUNK NUMBER-16, VALIYA PARAMBATH MEETHAL, MANTHARATHOOR, MANTHARATHOOR AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 5. LEELA E., W/O.LATE RAJU, 68 YEARS, SOFT DRINKS MERCHANT, BUNK NUMBER 15, KIZHAKKE ELIPPARAMBATH, MUDAPPILAYI, MANTHARATHOOR AMSOM, MUDAPPILAYI DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 6. ANOOP M.S.,S/O.LATE SUKUMARAN, 40 YEARS, LOTTERY MERCHANT, BUNK NUMBER-36/3540, MADATHIL PARAMBA, CHALAPURAM, KASABA AMSOM, CHALAPPURAM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. THE VADAKARA MUNICIPALITY, VADAKARA, KOZHIKODE DISTRICT, REP. BY ITS SECRETARY. 2. THE SECRETARY, THE VADAKARA MUNICIPALITY, VADAKARA, KOZHIKODE DISTRICT. ADV. SRI.M.SASINDRAN FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the receipts issued to the petitioners by the respondents. Ext.P2. True copy of the notice dated 10.12.2009. Ext.P3. True copy of the notice dated 18.12.2009 Ext.P4. True copy of the objection dated nil filed by the third petitioner. Ext.P5. True copy of the notice dated 25.1.2010 Ext.P6. True copy of the notice dated 13.5.1999 issued to Sri. Kunhiraman. Ext.P7. True copy of the notice dated 13.5.1999. Ext.P8 True copy of the notice dated 19.7.2001. Ext.P9. True copy of the notice dated 19.7.2001 Ext.P10. True copy of the judgment dated 281.2002 in WP(c).No.30505/2001. Ext.P11. True copy of the judgment dated 20.102009 in WP(c).No.28118/09 Ext.P12. True copy of the photographs of the bunks. //true copy// P.S TO JUDGE ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.2653 OF 2010 (F) -------------------------------------------------- Dated this the 26th day of March, 2010 J U D G M E N T Petitioners are owners of the bunks under the Vadakara Municipality. They filed this writ petition, apprehending eviction by the Municipality, with a prayer to provide them alternate accommodation. 2. Counsel for the Municipality has produced in court the resolution passed on 5.3.2010, where it has been resolved by the Municipality to provide alternate accommodation to the petitioners in front of the ground floor of A- block building near the bus stand. Thus the Municipality has agreed to provide alternate space to the petitioners, which in my view should satisfy the petitioners. 3. Counsel for the Municipality also undertakes that the alternate space will be allotted to the petitioners within two weeks from today. Therefore recording the submission as above, this writ petition is closed. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :