IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 10857 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. C.S.JALAL, AGED 33 YEARS, S/O.SULAIMAN, CHIRACKAKKUDY HOUSE, KANDANTHARA, ALLPARA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 2. P.H.ALICE, AGED 30 YEARS, S/O.HAMSA, PATTARUMADUM HOUSE, KANDATHARA, ALLAPARA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 3. ASHRAFF, AGED 27 YEARS, S/O.HAMEED, ALANGADAN HOUSE, KANDANTHARA, ALLPARA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 4. C.V.SALIM, AGED 30 YEARS, S/O.VEERAN, CHIRACKAKKUDY HOUSE, KANDANTHARA, ALLPARA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.C.A.NAVAS RESPONDENT(S): --------------- 1. PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PERUMBAVOOR MUNICIPALITY, ERNAKULAM DISTRICT. 2. THE CHAIRPERSON, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE SECRETARY TO GOVERNMENT, LOCAL SELF DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.V.M.KURIAN FOR R1 & R2 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 10857/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE EVICTION NOTICE DTD.28.3.09. P2. -DO- P3. -DO- P4. -DO- P5. COPY OF THE RECEIPT DTD.22.7.08. P6. -DO- P7. -DO- P8. PHOTOGRAPH OF THE NATURE OF THE SHOP ROOMS. P9. COPY OF THE RECEIPT DTD.13.3.09 TO P1. P10. COPY OF THE -DO- TO P3. P11. COPY OF THE ORDER DTD.18.8.08 BY TO P2. P22 COPY OF THE RECEIPT DTD.3.4.09. P13. COPY OF THE PETITION DTD.3.4.09. P14. COPY OF THE CONTEMPT NOTICE DTD.4.3.09. P15. COPY OF THE RECEIPT OF CERTIFICATE OF POSTING. P16. COPY OF THE REGISTERED POSTAL RECEIPT RESPONDENT(S)' EXHIBITS: R1A. COPY OF THE RESOLUTION NO.1 B. COPY OF THE AUCTION NOTICE. C. COPY OF THE AGREEMENT DTD.20.12.08 BY P4. D. COPY OF THE MAHAZAR DTD.1.4.09 BY REVENUE INSPECTOR. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.10857 of 2009 ================== Dated this the 8th day of April, 2009 J U D G M E N T The petitioners have filed this writ petition seeking the following reliefs: “(i) To call for the records relating to Exhibit P1 and P11 and to issue a writ of Certiorari or any other appropriate writ, direction or order quashing Exhibit P1 to P4 being arbitrary, illegal, unjust, unsustainable and violative of the principles of natural Justice (ii) To issue a Writ of mandamus or any other appropriate writ direction or order directing the respondents 1 and 2 to permit the petitioners to continue in the licensed meat stall in the renovated Market building of Perumbavoor Municipality, till re-auction and re- allotment of the respective rooms occupied by the petitioners in favour of subsequent bidders and on payment of amount fixed by the Municipality for the extended period. (iii) To declare that the petitioners are eligible to continue in the licensed meat stalls till the re-allotment of respective rooms occupied by the petitioners to subsequent highest bidders in the subsequent re-auction to be conducted by the Perumbavoor Municipality. (iv) To issue an interim roder directing the respondents 1 and 2 to permit the petitioners to continue in the licensed meat stall in the renovated Market building of Perumbavoor Municipality, till re- auction and re-allotment of the respective rooms occupied by the petitioners, in favour of subsequent bidders till the disposal of the Writ Petition.” 2. This writ petition was filed on 1.4.2009. It came up for admission before me on 2.4.2009. On that day, I passed the following interim order. “Admit. Standing Counsel takes notice on behalf of respondents 1 and 2 and seeks time to get instructions. Govt. Pleader takes notice for the 3rd respondent. There would be an interim order as prayed for.” 3. Now a counter affidavit has been filed by the Municipality 2 stating that the petitioners have suppressed the fact that the petitioners were evicted on 1.4.2009 itself. This is not now disputed before me. The explanation given by the petitioners for the same is that it was after filing the writ petition on 1.4.2009 that the petitioners have been evicted. But, it remains a fact that when the matter was taken up for admission on 2.4.2009, they had already been evicted, which fact had been suppressed by the petitioners from the Court. Ordinarily I should have dismissed this writ petition for that reason alone. However, the learned counsel for the Municipality now submits that fresh auction is scheduled to be held on 18.4.2009. That being so, it is only proper that the petitioners vacate the shop rooms in question sufficiently early so that the Municipality can conduct the auction without the petitioners being there in the shop rooms. Accordingly, I dispose of this writ petition with a direction to the petitioners to vacate the shop rooms in question on or before 15.4.2009. The Municipality shall open the shop rooms by today evening or tomorrow morning and permit the petitioners to continue till 15.4.2009. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3