IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Con.Case(C).No. 842 of 2004(S) ---------------------------------------- PETITIONER/ PETITIONER: -------------------------------------- INSTITUTE OF SOCIAL WELFARE, REPRESENTED BY ITS SECRETARY, MAJOR M.G.C. NAIR (RETD.), AGED 66 YEARS, S/O.GOVINDAN NAIR, 129, BMRA, EDAPPALLY, KOCHI-682 024. BY ADV. SRI.P.B.SAHASRANAMAN RESPONDENTS/RESPONDENTS 1 & 3: ------------------------------------------------------- 1. C.F. BASHEER, AGED 54 YEARS, SON OF C.M. IBRAHIM, SECRETARY, CORPORATION OF COCHIN, PARK AVENUE, ERNAKULAM. 2. GYANESH KUMAR, AGED 40 YEARS, SON OF DR. S.K. GUPTA, DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. ADDL.3. MINI ANTONY, SECRETARY, COCHIN CORPORATION, PARK AVENUE, ERNAKULAM. ADDL.4. B.G.THOMAS, SECRETARY, COCHIN CORPORATION, PARK AVENUE, ERNAKULAM. ADDL.RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER ORDER DATED 19.10.2009 IN IA NO.292/2009 IN COC 842/2004 R1, R3 & R4 BY STANDING COUNSEL SRI.S.RAMESH BABU R2 BY SR..GOVERNMENT PLEADER SMT.K.MEERA THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ Cont. Case (C) No.842 of 2004 ------------------------------------------ Dated this the 24th day of November, 2009 JUDGMENT A.K. Basheer, J. This contempt case was reopened on an application made by the writ petitioner alleging inaction on the part of the Corporation to evict the encroachers from the Thevara – Perandoor Canal as undertaken by it. 2. The Secretary of the Corporation who appeared in person in response to the notice, has placed on record two affidavits dated 11th and 20th of November, 2009. He has adverted to the various steps that are being taken by the Corporation for removal of encroachments and also to rehabilitate the evictees. We do not propose to refer to those averments in the affidavit in detail. Suffice it to say that the averments in the affidavit will show that the Corporation appears to be trying to solve the problem in right earnest. 2. It is stated by the deponent that 139 families remain to be rehabilitated. Out of them, 111 families are yet to be evicted. 28 evicted families have been accommodated in Libra lodge. It is further stated that the Corporation has formulated a project for construction of houses under the Basic Services to the Urban Poor (BSUP) which is a component of the JNNURM project of the Government of India. M/s.KITCO was appointed Cont.Case (C) No.842 of 2004 2 as the consultant and implementing agency. The estimated cost of the construction is Rs.2.50 lakhs per unit. On completion of these housing units the evictees are to be rehabilitated. However, the fund provided by the Government can only be utilised up to a maximum amount of Rs.1.85 lakhs per unit. The amount thus sanctioned by the Government on the basis of the above Scheme would come to Rs.257.15 lakhs. The balance of Rs.0.65 lakh has to be raised through private participation. The deponent further states that M/s.Kochi Refinery has extended a financial assistance of Rs.100 lakhs and M/s.Puravankara Project has already deposited Rs.25 lakhs for this purpose. Thus a total sum of Rs.125 lakhs is available against the requirement of Rs.90.35 lakhs through private participation. 4. The Secretary further submits that the construction of the housing units will be started during next month and completed within an year from today. The above submission is recorded. It is further submitted by him that all necessary steps are being taken to control the mosquito menace in the Corporation limits. With reference to the blockage of canal, it is submitted that the matter has been brought to the notice of the Area Manager, Southern Railway, Ernakulam and he has been requested to rectify the problem. Cont.Case (C) No.842 of 2004 3 4. Having regard to the entire facts and circumstances of the case, we are of the view that the Corporation can be granted one more year from today to complete the entire process of eviction and rehabilitation of the encroachers from the Thevara – Perandoor Canal. In the meanwhile, the Corporation shall also take adequate steps to remove the blockage in the canal at Kathrikkadavu near CBI Road with the help and co-operation of the Railway authorities. This contempt case is closed in the above terms with liberty to the petitioner to revive the contempt petition if situation so warrants. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns