V V VARKEY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER's grievance is against Exts. P2 and P7.

(2.) ACCORDING to the petitioner, he along with his family were conducting a STD booth in 6 sq. metrs of land in Block NO.47 in Sy., No.48/4 of Erattupetta village which is a Government land. ACCORDING to the petitioner, in 1998, they were evicted from the said land and considering his pitiable condition, Ext.P1 order was issued by the 2nd respondent, leasing out 6 sq. mtrs of land for conducting a STD booth. It is stated that accordingly lease was granted and after putting up the structure he was conducting STD Booth. While so he was issued Ext.P2 notice proposing to evict him from the said booth relying on the circular issued by the Government, a copy of which is produced as Ext.P4. Thereupon, the petitioner submitted Ext.P3 representation before respondents 2 and 3. Thereafter, complaining that the 3rd respondent was threatening with eviction, he approached this Court by filing WP(C) No. No.24672/2010 . In that writ petition, this Court rendered Ext.P5 judgment directing the 1st respondent to consider the representation made by the petitioner. ACCORDINGly, the 1st respondent considered the matter and issued Ext.P7, rejecting the petitioner's request for continuing in the existing premises and not to renew the lease. It is challenging these orders, th writ petition is filed.

(3.) HOWEVER, having regard to the fact that petitioner has been in occupation of the land for several years, I direct that he will be given two months' time to vacate from the land. This judgment shall also be without prejudice to the right of the petitioner to move the authorities for allotment of alternate land, if available. Writ petition is dismissed as above.