IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 8346 of 2010(P) --------------------------------------- PETITIONER(S): ------------------------- N.J.JOSEPH, NAGAPARAMBIL, DISTRICT COURT WARD, ALAPPUZHA. BY ADVS. MR.K.V.SOHAN, SMT.SREEJA SOHAN.K. RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. KERALA STATE FILM DEVELOPMENT CORPORATION, REPRESENTED BY ITS CHAIRMAN, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, TRIVANDRUM. R1 & R3 BY GOVERNMENT PLEADER MR. P.NARAYANAN R2 BY ADV. MR.P.GOPALAKRISHNAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.8346/2010-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of March, 2010 J U D G M E N T The petitioner herein is conducting textile business in a building in Survey No.818/4A of Alappuzha Village which was acquired for construction of Theatre Complex at the instance of the second respondent. The proceedings were pending for a considerable number of years and with regard to the eviction of the occupants a meeting was held in the Collectorate, which is evidenced from Ext.P5 minutes. The petitioner contends that there was decision in the meeting whereby the understanding was that the second respondent will facilitate the liability to provide accommodation to the persons like the petitioner for payment of security deposit etc. and the second respondent is not complying with the same. 2. The second respondent has filed a counter affidavit in the matter. It is pointed out that in the meeting it was decided that the occupants shall find out alternate shops of equal size for their shifting and that the KSFDC shall pay refundable security deposit to the Landlords and shall rehabilitate them in the shopping complex to be built up in the property. It was also specifically agreed that the occupants including the W.P.(C). No.8346/2010 -:2:- petitioner shall vacate the premises on or before 12/03/2010, failing which they shall be evicted on 15/03/2010. It is further pointed out in paragraph (14) that the Landlord is not entitled to stipulate for the payment of any amount exceeding one month's rent by way of advance. In view of this dispute and in view of the fact that the petitioner has already filed a representation as per Ext.P6 before the District Collector, there will be a direction to the District Collector to take a decision on Ext.P6 and other aspects of the matter after hearing the petitioner and the second respondent within a period of ten days. Eviction, if any, will be effected in terms of the decision to be taken by the District Collector. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms