IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 18031 of 2007(V) -------------------------------------- PETITIONER(S): ---------------------- M. BALAMANI, W/O. JANARDHANAN, MAYI HOUSE, KARAYIL, ANNUR P.O. PAYYANNUR, KANNUR DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE ASSISTANT DISTRICT COLLECTOR, THALASSERY. 4. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PWD, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD SUB DIVISION, TALIPARAMBA, KANNUR DISTRICT. 6. PAYYANNUR MUNICIPALITY, REPRESENTED BY THE SECRETARY, PAYYANNUR MUNICIPALITY, KANNUR. R1 TO R5 BY GOVERNMENT PLEADER SMT.N. SUDHA DEVI R6 BY ADV. MR.SUNIL NAIR PALAKKAT, MR.K.N.ABHILASH , THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18031/2007-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 25/02/1982. EXT.P2: COPY OF THE ORDER DATED 25/01/1994. EXT.P3: COPY OF THE ORDER DATED 19/09/1994. EXT.P4: COPY OF THE ORDER DATED 07/01/1997 IN O.P. NO. 169/1997. EXT.P5: COPY OF THE NOTICE DATED 29/05/2007. EXT.P6: COPY OF THE RECEIPT DATED 01/06/2007. EXT.P7: COPY OF THE RECEIPT DATED 23/11/1992. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.SIRI JAGAN, J. ======================== W.P.(C). No.18031 OF 2007-V ======================== Dated 10th June 2009 Judgment The petitioner is a physically handicapped person. During the international year of disabled, namely, 1981, the Government took a decision to help the physically handicapped persons for enabling them to get a means of livelihood. A scheme was evolved for allotting sales cabins to them. Accordingly, by Ext.P1, a sales cabin was allotted to the petitioner. She was allowed to locate the same in Government land. Subsequently, proceedings were initiated under the Kerala Land Conservancy Act for eviction of the petitioner from that land on the ground that she is unauthorisedly occupying the said land. In Ext.P3 order of the Assistant Collector, Thalassery in that regard, it was found that since the bunk was allotted to the petitioner as per the orders of the Collector, it cannot be said that she is an encroacher. Accordingly, the matter was remitted to the WP(C) 18031/07 2 5th respondent for re-consideration. Now, Ext.P5 order has been issued to the petitioner, directing her to remove the bunk. It is under the above circumstances, the petitioner has approached this Court, seeking the following reliefs : "i) to issue a writ of certiorari, quashing Ext.P5 as erroneous, unjust, illegal and unsustainable. ii) to issue a writ of mandamus, directing the respondents 4 and 5 to refrain from implementing Ext.P5. iii) to declare that the petitioner is entitled to continue the business in the sales cabin (bunk) allotted to her as per Ext.P1 which is situated in Sy.No./Sub Division No.67 in Payyannur village. iv) to issue a writ of mandamus directing the respondents to refrain from demolishing or removing the sales cabin (bunk) owned by the petitioner which is situated in Sy.No./Sub Divisions No.67 in Payyannur village. v) to issue such other orders, directions or writs as may be prayed for and that this Honourable Court may deem fit under the facts and circumstances of the case." 2. I have heard the learned Government Pleader also, who opposes the prayers with the help of a counter affidavit filed. According to her, as per the directions of this court, the petitioner and three others were directed to re-locate the bunk in another Government land. The other three persons accepted the same, but the petitioner refused. WP(C) 18031/07 3 Therefore, according to the learned Government Pleader, the petitioner is not entitled to any further reliefs in the matter. 3. I have heard both sides. I am of the opinion that the Government cannot give with one hand and take the same by another hand. It is to enable the petitioner, who is a physically handicapped person, to earn a livelihood, the Government have permitted her to locate the bunk in Government land in the international year of the disabled. The purpose is to enable the petitioner to do sales in the cabin and to earn a livelihood. Therefore, unless the cabin is located in a place, where the petitioner could earn sufficient income to support herself, there is no point in directing her to re-locate the cabin elsewhere. So, I am of the opinion that the respondents should make earnest efforts to find out a suitable place where the petitioner can conduct her business, earning reasonable income and re-locate the cabin there. Until the same is done, the petitioner shall not be WP(C) 18031/07 4 evicted from the present place. For this purpose, Ext.P5 is quashed. Needless to say, the re-location shall be made with notice to the petitioner. The Writ Petition is disposed of as above. S.SIRI JAGAN, JUDGE sta WP(C) 18031/07 5 WP(C) 18031/07 6