IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 13657 of 2008(A) -------------------------- PETITIONERS: --------------- 1. SUBAIDA BEEVI, W/O.N.MOHAMMED HUSSAIN KHAN, KAIRALI AGENCIES, THAKARA PARAMBU ROAD, VANCHIYOOR VILLAGE, PAZHAVANGADI, THIRUVANANTHAPURAM. 2. N.MUHAMMED HUSSAIN KHAN, KAIRALI AGENCIES, THAKARA PARAMBU ROAD, VANCHIYOOR VILLAGE, PAZHAVANGADI, THIRUVANANTHAPURAM. 3. MOHAMMED RAFI, S/O.N.MOHAMMED HUSSAIN KHAN, KAIRALI AGENCIES, THAKARA PARAMBU ROAD, VANCHIYOOR VILLAGE, PAZHAVANGADI, THIRUVANANTHAPURM. 3. MOHAMMED SHAFI, S/O.N.MOHAMMED HUSSAIN KHAN, KAIRALI AGENCIES, THAKARA PARAMBU ROAD, VANCHIYOOR VILLAGE, PAZHAVANGADI, THIRUVANANTHAPURM. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SC) DEPARTMENT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 4. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, OFFICE OF THE SECRETARY, OFFICE OF THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM. ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ---------------------------------------- W.P.(C).No.13657 of 2008 --------------------------------------- Dated this 04th day of November 2009 JUDGMENT The petitioners say that they vend lottery tickets from a building on a piece of land, a portion of which is been acquired for the Capital Region Development Programme and that they may be permitted to utilise the land left after acquisition to do the business. TRIDA is on record stating that the question of rehabilitation is for the government to consider and that as per alignment, only a portion of the shops would be effected. That alignment is prepared under the scheme by the Kerala Road Fund Board. Taking that into consideration it is ordered that petitioners' request will be considered by the 3rd respondent taking the views of TRIDA and KRFB into consideration. However that decision making process will not stand in the way of TRIDA completing the acquisition in accordance with the alignment. This judgment does not touch upon any right if the petitioners for rehabilitation, if entitled to in terms of any scheme that may apply to them. THOTTATHIL B RADHAKRISHNAN, JUDGE Sbna/