IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 29866 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. A.MUSTHAFA, AGED 57 YEARS, S/O.ABDUL REHMAN, RESIDING AT T.C.39/865, CHUNDA VILAKOM, ARYSALA, CHALAI P.O., THIRUVANANTHAPURAM. 2. R.JAYAKUMAR, S/O.RETNASWAMY, RESIDING AT T.C.39/1775(1) YAMUNA NAGAR, MOONNAMTHERUVU, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA SMT.D.SARITHA SMT.M.K.RAJITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TRIDA, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. CORPORATION OF THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER SRI.I.V.PRAMOD R2 BY ADV. SRI.K.A.JALEEL, SC. R3 BY SRI.N.NANDAKUMARA MEON, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29866 OF 2009 ------------------------------------------- Dated this the 23rd day of November, 2009 JUDGMENT 1.The petitioners moved the learned Ombudsman for Local Self Government Institutions raising different allegations against the Corporation of Trivandrum and the TRIDA in relation to the development of the Chala Vegetable Bazar. The allegations included assertions that lands involved in the notification under the Land Acquisition Act were later permitted to be sold off. But even going by the statements of TRIDA before the learned Ombudsman, the fact of the matter remains that one of the awards was quashed by this Court and the learned Ombudsman did not find any room to issue directions or to find the corporation or TRIDA guilty of mal- administration. 2.With the aforesaid, learned senior counsel appearing for the corporation states that in terms of the directions of the WPC.29866/09 2 Division Bench in a different matter, as is in the case of Konnemara market in Palayam, the waste from Chala Bazar is also moved to Vilappilsala, where the corporation has a project for handling bio-degradable waste. It is further stated that this is done on a day to day basis and there is no question of debris accumulating in the area in question. TRIDA also has obtained the issuance of a fresh notification for acquisition for the purpose of a complex in Chala which is to take care of the vegetable market also. Under such circumstances, the petitioner can have no sustained grievances as of now. Taking into consideration the totality of the facts and circumstances, I deem it appropriate to take off the liability imposed by the learned Ombudsman on the petitioners. Hence, it is ordered that the direction in the impugned order to pay costs will stand vacated by the force of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.23/11.