IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 OP.No. 23533 of 2000(B) --------------------------------- PETITIONERS: ------------------- 1. M.J.SKARIA, MAPLASSERIL, MANAKKADU, THODUPUZHA. 2. BITTAJ JOSEPH, ORAPPANIYIL VEEDU, PANNUR P.O., THODUPUZHA TALUK. 3. M.N.GEETHADAS, KUNDAKKAL VEEDU, ARIKKUZHA. 4. K.J.JOY, KURIKUNNEL VEEDU, KARIMANNOOR. 5. K.H.ABDUL MAJEED, KANDATHIL KARAYIL VEEDU, EDAVETTI, THODUPUZHA. 6. M.MANI, VANTHIYIL VEEDU, MANAKKADU, THODUPUZHA. 7. K.S.SHAJI, KOTTUTHARAYIL VEEDU, KOLANI. BY ADV. SRI.S.V.BALAKRISHNA IYER SRI.P.B.KRISHNAN RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE THODUPUZHA MUNICIPALITY , REP.BY THE CHAIRMAN, THODUPUZHA. 3. THE SECRETARY, THODUPUZHA MUNICIPALITY, THODUPUZHA. BY ADV. SRI.K.BALAKRISHNAN GOVERNMENT PLEADER SMT.T.B.RAMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/03/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.23533/2000 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE NO.T3-1903/2000 ISSUED TO PETITIONER NO.1 BY RESPONDENT NO.3 . DT. 24.5.2000. EXT.P3:- COPY OF THE AGREEMENT EXECUTED BY PETITIONER NO.1 IN FAVOUR OF RESPONDENT NO.2. DT. 9.6.2000. EXT.P3:- COPY OF THE RE-AUCTION/QUOTATION NOTICE ISSUED BY RESPONDENT NO.2 DT. 21.10.1993. EXT.P4:- COPY OF THE NOTICE ISSUED BY RESPONDENT NO.3 TO PETITIONER NO. 1 UNDER NO.T3-1903/2000 DT. 7.8.2000. EXT.P5:- COPY OF THE NOTICE NO.T3-1903/2000 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO. 2 DT. 7.8.2000. EXT.P6:- COPY OF THE NOTICE NO.T3-1903/2000 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.3 DT. 7.8.2000. EXT.P7:- COPY OF THE NOTICE NO.T3-1903/2000 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.4. EXT.P8:- COPY OF THE NOTICE NO.T3-1903/2000 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO. 5 DT. 7.8.2000. EXT.P9:- COPY OF THE NOTICE NO.T3-1903/2000 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.6. DT. 7.8.2000. EXT.P10:- COPY OF THE NOTICE NO. T3-1903/2000 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.7. EXT.P11:- COPY OF THE MINUTES OF THE JOINT MEETING AND THE COPY OF THE COMMUNICATION BEARING NO.W3-3648/97 DT. 29.8.23005, SENT BY RESPONDENT NO. 3 TO THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, IDUKKI DIVISION KATTAPPANA. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ========================= OP.No.23533 of 2000-B. ========================= Dated this the 6th day of March, 2008. J U D G M E N T The petitioners herein are occupants of certain licenced premises in the erstwhile old private municipal bus stand building in Thodupuzha. They approached this Court challenging Exts.P4 to P10 which are notices issued by the Municipality to vacate the premises. They submit that the same has been made without considering various aspects. 2. Along with IA.No.285/2006 the petitioners have produced Ext.P11 which is the minutes of a meeting of concerned parties wherein certain arrangements have been made as regards the continuance of traders, when the new Revenue Tower will be constructed. It is pointed out in the affidavit that during the pendency of the original petition the 2nd respondent Municipality OP.No.23533 of 2000-B. -: 2 :- had entered into an agreement with the Kerala State Housing Board to convey and hand over possession of 48 cents of land in Survey No.266/10-3 including the area upon which the licenced premises are situated. It is stated that in the joint meeting of the licensees, the Vice Chairman and the Secretary of the 2nd respondent Municipality as also the Executive Engineer of the Kerala State Housing Board, Idukki Division, Kattappana a decision was taken to the effect that licensees will be given suitable premises on rent in the ground floor of the Revenue Tower to be constructed by the Housing Board. It is also stated that in terms of Ext.P11, petitioners 5 and 7 have already surrendered their premises and their sheds were demolished. The remaining petitioners will surrender as and when the construction of the Revenue Tower progresses in terms of Ext.P11. No counter affidavit has been filed to the averments made in the affidavit in support of IA.No.285/2006. 3. The Original Petition is, therefore, disposed of OP.No.23533 of 2000-B. -: 3 :- recording that the parties will be governed by in terms of Ext.P11. The 2nd respondent Municipality and other official respondents will abide by the terms of Ext.P11. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-