IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 33587 of 2010(W) -------------------------- PETITIONER: --------------- BENNY.S., S/O. LATE SELVANAYAKAM, AGED 57 YEARS, G.H.ROAD, LEKSHAM VEEDU COLONY, MUNNAR.P.O., IDUKKI DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SECRETARY, LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. DISTRICT COLLECTOR, IDUKKI DISTRICT-685 001. 4. SUB COLLECTOR, DEVIKULAM, IDUKKI DISTRICT-685 613. 5. TALUK OFFICER, DEVIKULAM TALUK, IDUKKI DISTRICT-685 613. 6. THE VILLAGE OFFICER, K.D.H.VILLAGE, DEVIKULAM-685 613. 7. MUNNAR GRAMA PANCHAYAT REP. BY ITS SECRETARY, MUNNAR GRAMA PANCHAYAT, IDUKKI DISTRICT-685 612. BY SR. G.P. SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.P.(C) No.33587 of 2010 .................................................................... Dated this the 18th day of November, 2010. JUDGMENT Ramachandran Nair, J. W.P.(C) is filed challenging the closure of petitioner's shop by the Revenue authorities on account of unauthorised construction. We have heard counsel for the petitioner and Government Pleader for the respondents. 2. Petitioner has produced photographs which apparently show that petitioner has done only some modification of the front portion of a room stated to be occupied by him. According to him, he has even got SSI registration in the shop for doing carpentry work. The petitioner obviously has only possession like several other occupants of Munnar and so much so, we do not think petitioner should be discriminated and evicted merely because he did some repairs or work in front of his shop to secure it from theft and interference by others. We, therefore, direct the District Collector to open the sealed room and verify whether petitioner is given SSI registration and that he is 2 maintaining his goods and equipments inside. If materials are there to show that he was in possession and enjoyment of the property, then there will be direction to the District Collector to release it on condition that petitioner will not carry out any further construction or modification except fixing shutter or door for safety. We make it clear that this judgment will not confer any right on the petitioner over the land other than what he has by virtue of his possession and documents with him. In other words, this judgment will not stand in the way of any action taken for removal of encroachers including the petitioner, if otherwise permissible. W.P.(C) is disposed of as above. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms