Petitioners seeking injunction against eviction pending rehabilitation were informed by respondent that they had already been rehabilitated and shifted. Court closed the petition without prejudice to future causes of action.
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WP(C) NO. 3763 OF 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 3763 OF 2018
PETITIONERS:
1 HASHIM @ SIYAD, PUTHENPARAMBIL, ARPOOKKARA EAST ,P.O.KOTTAYAM2 BABY K.P, CHERUVUKALAYIL, GANDHI NAGAR,PERUMPAIKAD VILLAGE, KOTTAYAM3 JOLLY MATHEW, THOPPURATHU VEEDU, ARPOOKARA EAST P.O.,KOTTAYAMBY ADV SURIN GEORGE IPE
RESPONDENT:
ARPOOKARA GRAMA PANCHAYAT,
REPRESENTED BY ITS ITS SECRETARY, VILOONI P.O.,
ARPOOKARA, KOTTAYAM
BY ADV SHRI. BLAZE K.JOSE, SC, ARPOOKARA GRAMA
PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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MOHAMMED NIAS C.P., J. ---------------------------------------------W.P.(C) No.3763 of 2018
Dated this the 08th day of April, 2025
JUDGMENT
The petitioners are running bunk shops near the Medical College Hospital in Kottayam. The petitioners contended that when they were sought to be evicted without any steps for rehabilitation, they had approached this Court and Ext.P3 judgment was passed in W.P.(C) No.11136 of 2013 and connected cases, wherein, this Court found that the petitioners were still in occupation of the properties and entitled to be considered for rehabilitation.
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“3. It is respectfully submitted that the petitioners in the above writ petition have already been rehabilitated based on their claim and is allotted the space and has shifted bunk shops and is conducting their business.”
The statements made above are recorded. Given the above, nothing further remains to be considered in this writ petition, and the same is closed without prejudice to the right of the petitioners to approach this Court again in case there is a fresh cause of action.
Sd/-
MOHAMMED NIAS C.P. JUDGE
Anu
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APPENDIX OF WP(C) 3763/2018
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE JUDGMENT DATED 12-12-
1997 IN O.P 10630/1997
EXHIBITP2TRUE COPY OF THE JUDGMENT DATED 21-03-
2012 IN W.P(C) NOS. 23100/2010,
6849/2012 AND 6850/2012
EXHIBITP3THE RUE COPY OF THE JUDGMENT DATED 14-
12-2016, IN W.P(C) 11136/2013
Hashim @ Siyad
Baby K.P
Jolly Mathew
Arpoookara Grama Panchayat
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court