This writ appeal was filed by market tenants challenging an interim order granting time to vacate premises for reconstruction. The High Court dismissed the appeal but directed that the time granted to the tenants would commence from the date of the order.
Time granted for vacating premises to commence from the date of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN &
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931
WA.No. 278 of 2010()
AGAINST THE ORDER IN IA. 12572/2009 IN WPC.8303/2008
APPELLANTS: PETITIONERS NO.1 TO 7,9 TO 12,14,19 TO 31,34 & 35(
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BY ADV. SRI.R.SURENDRAN
RESPONDENT(S): RESPONDENTS
SRI. K.K. CHANDRAN PILLAI, S.C. FOR MUNICIPALITY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J.
W.A. NO. 278 OF 2010
DATED THIS, THE 18TH DAY OF FEBRUARY, 2010.
J U D G M E N T
Raman, Ag. CJ.
This appeal is filed challenging the order passed by the learned Single Judge in I.A. 12572/2009 in W.P.(C) 8303/2008, dated 30.1.2010. The writ petition was filed by the occupants of the Central Market in Kannur Municipality. They pleaded that they are in possession of the respective shop rooms/ bunks since more than fifty years and they are depending on the income derived from the business carried on in the said premises. The Municipality wanted to reconstruct the structure and for that purpose they sought eviction of the writ petitioners. The writ petitioners wanted rehabilitation. Municipality was prepared to provide rooms in the new building as may be allotted to them on such rent/fee normally fixed and also in accordance with law. Taking into consideration of larger public interest to generate funds for an LSGI and in the interest of the individual to carry on commercial activities, learned Single Judge
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ordered the Municipality to prepare a list of eligible occupants entitled for rehabilitation in accordance with the scheme, provided, petitioners surrender their possession as and when sought for by the Municipality. Petitioners specifically sought for some alternate arrangements to be made during the construction period, which was declined by the learned Single Judge. The judgment become final. This I.A. was filed by the writ petitioners seeking time to vacate the premises or at least till the tenders are invited and accepted for the reconstruction of the Central Market and to rehabilitate them and to fix a time limit for reconstruction. Such an application, normally, could not have been moved after the disposal of the writ petition, since it is seeking a modification of the judgment. So however, learned Single Judge thought that three weeks time could be granted for surrendering vacant possession of the premises, that too, the order was passed only on 30.1.2010 where as the I.A. was filed as early as in October, 2009. Thus, petitioners virtually got another three months time from the date of petition and further three weeks time from the date of the order.
against such an order. However, considering the fact that the writ
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appeal is filed, we direct that the three weeks time granted by the
learned Single Judge will commence from today.
Subject to the above, the writ appeal is dismissed.
P.R. RAMAN, (Ag. CHIEF JUSTICE)
C.N. RAMACHANDRAN NAIR, (JUDGE).
2 issues framed by the court
Whether the writ appeal challenging time granted by the single judge for vacating premises should be allowed.
Whether the three weeks time granted by the single judge for surrendering possession should be adjusted.
Mohammed A. K. S Others
The Secretary, Kannur Municipality
R. Raman
C. N. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
