ACHUTHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In all these Original Petitions what is questioned is the action initiated by the District Collector with the concurrence of the Executive Engineer, National Highway, Ernakulam, Executive Engineer, P.W.D. (B&R), Ernakulam and the Commissioner of Police to demolish the bunks by the road side in the Cochin Corporation where petty traders are carrying on their trades. Some bunks have already been demolished. Some of the bunks are constructed by the Cochin Corporation at its expense and granted to the respective licensees. Some with no such licences are functioning for the last few years. The Revenue and the Corporation passively allowed the bunk owners to carry on the trade in the footpaths and in the roadside. In one case, the petitioners are the duly appointed agents of the Kerala Live Stock Development and Milk Marketing Board Ltd., who have put up Milma Kiosk or Stalls by the road side in sites allotted by the Corporation, which also received licence fees in respect of the same.

(2.) The petitioners would contend that the demolition of the bunks is violative of Art.14, 19 and 21 of the Constitution. The decision to remove the bunks and the action initiated thereon is alleged to be contrary to the rule of law and all canons of natural justice. According to them, they have invested large sums of money for conducting their business in the bunks. To take action of demolition upsetting the planned lives of the petitioners without any kind of notice, is arbitrary and illegal. They also contend that as regards bunks constructed by the Corporation that the Corporation itself has taken a decision as per Ext. P12 that prior notice is required for any kind of removal of inconvenience is a very vital pointer to the fact that the matter is very serious affecting the livelihood of the licensees. As regards Milma Stalls, bunks are situated in the sites with the permission from the Corporation of Cochin and the G.C D.A. on payment of rent. They contend that they cannot be summarily evicted without notice

(3.) In the submission made by the learned Addl. Advocate General on behalf of the District Collector and on behalf of the others, who are respondents in the various O.Ps. it was pointed out that the decision to remove the bunks was taken at a Conference of the District Officials and of the Mayor, the Deputy Mayor and some other members of the Corporation. It was being felt that these bunks, as they are situated in public roads, were creating great nuisance to the public. They were a hindrance to the travelling public in regard to the use of the roads.