IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 18118 of 2008(F) -------------------------- PETITIONER: ------------ 1. MARY VINCENT,W/O. LATE VINCENT AGED 59 YEARS, NELLISSERY HOUSE , AYMURI, KOOVAPPADI POST, PERUMBAVOOR, ERNAKULAM DISTRICT 2. N.V.BIJU, S/O. LATE VINCENT AGED 36 YEARS, NELLISSERY HOUSE , AYMURI, KOOVAPPADI POST, PERUMBAVOOR, ERNAKULAM DISTRICT 3. N.V.VINTU, S/O. LATE VINCENT AGED 33 YEARS, NELLISSERY HOUSE , AYMURI, KOOVAPPADI POST, PERUMBAVOOR, ERNAKULAM DISTRICT 4. N.V.VINU, S/O. LATE VINCENT AGED 3O YEARS, NELLISSERY HOUSE , AYMURI, KOOVAPPADI POST, PERUMBAVOOR, ERNAKULAM DISTRICT BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT: --------------- PERUMBAVOOR MUNICIPALITY,PERUMBAVOOR REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.M.KURIAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 18118 OF 2008 F ==================== Dated this the 19th day of June, 2008 J U D G M E N T The writ petitioners are vegetable merchants, who had their stalls in the Perumbavoor market. They were evicted from the market and in that place a commercial complex has been constructed by the Municipality, photograph of which is seen from Ext.P11. Petitioners have been clamouring for their rehabilitation and the Municipality in principle had agreed to that demand. However, in this writ petition what is asserted by the petitioners is that they should be accommodated in the ground floor of the building itself. According to them, Municipality itself had agreed to provide such accommodation and they had the legitimate expectation that they will be so accommodated. 2. Having gone through the writ petition and on considering the submissions made, I do not find any basis for the claim of the petitioners. They have not produced any document to show that at any point of time, Municipality had agreed that they will be accommodated in the ground floor itself. Learned counsel for the petitioners submits that it is apprehended that they will not be accommodated even on the first floor. WPC 18118/08 :2 : To this, the learned counsel appearing for the Municipality submits that if they wanted to have such accommodation, they ought to have submitted their applications on or before 18/6/2008. It is also submitted that the matter is being finalised at 4 P.M today. 3. After having heard the counsel, I feel that in the peculiar facts of this case, the petitioners should be given yet another opportunity to submit their applications. Accordingly, I direct that if the petitioners submit their applications for allotment of room in the first floor of the commercial complex before 2 P.M today (19/6/2008), such application will be considered by the Municipality. Subject to the above, the writ petition is disposed of. ANTONY DOMINIC,JUDGE. Rp