IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 13582 of 2010(W) -------------------------- PETITIONER(S): --------------- ARUN M.S., S/O. R,MANGALADAS, AGED 25 YEARS, ANJU BHAVAN, R.C.STREET, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- THE SECRETARY, NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 13582 of 2010-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May, 2010. JUDGMENT The petitioner is a Scheduled Caste, being a member of Hindu Ayyanavar community. The Nayyattinkara Municipality allotted Room No.A16(1) of Ground Floor of Akshaya Complex to One Shri N. Raghu, S/o.Neelakandan, Lalalayam, Mekkari of Neyyattinkara. He is the brother of the petitioner's father. A beauty parlour was being conducted in the said room by the allottee along with the petitioner. He expired on 22.7.2007. Subsequently, the allotment was changed in the name of Smt. C. Sumathi who is the widow of Shri N. Raghu, which is evidenced by Ext.P3. It is pointed out that even thereafter, the petitioner had been in occupation of the building as per the consent granted by Smt. Sumathi. 2. It appears that the allottee, Smt. Sumathi is now required to vacate the building and to surrender the same to the Municipality. It is in these circumstances, the petitioner has sought for an allotment in his favour. It is pointed out by the learned counsel for the petitioner that the petitioner has filed Ext.P5 application before the Municipality seeking for such allotment. It is pointed out therein that the petitioner is an unemployed degree holder wpc 13582/2010 2 and has already taken a loan of Rs.1.5 lakhs for providing facilities for the conduct of the business. 3. It is up to the respondent to take a decision on Ext.P5 in accordance with the relevant rules and orders in the matter. Therefore, the respondent is directed to take a decision on Ext.P5 and communicate the same to the petitioner within a period of one month from the date of receipt of a copy of this judgment, and with notice to Smt. Sumathi. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/