M.A. AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) <FRM>JUDGEMENT_691_LAWS(KER)7_2012.htm</FRM>

(2.) PETITIONER is running a bunk shop in Fort Kochi, which was stated as erected in the year 2007 allegedly with the sanction of the Cochin Corporation. Ext.P2 notice issued by the Corporation requiring to demolish the bunk and remove it for the reason that the same has been put up by the petitioner unauthorizedly and contrary to the relevant provisions of law; is under challenge. There is also a prayer for rehabilitation. The petitioner has put up a case also to the effect that, though the Corporation issued Ext.P2 much earlier, it was not sought to be implemented and while so, the third respondent has stepped in, asking the petitioner to remove/demolish the bunk; for which the third respondent is having absolutely no manner of interest whatsoever, which in turn is under challenge. When the matter came for consideration before this Court on 22.06.2012, the following order was passed :

(3.) THE learned standing counsel for the Corporation submits that the authorities under the relevant provisions of law had taken steps to evict all unauthorized vendors from Fort Kochi (from the Kamalakadavu Jetty to Vascoda Gama Square), invoking the power and procedure under Section 369 (3) of the Kerala Municipalities Act 1994. The Government are also decided to evict the unauthorized ventures from the revenue land and the encroachers were actually evicted from the said premises as per Ext.R3(a) order passed by the R.D.O, Fort Kochi on 29.05.2007; which by itself reveals that no temporary or permanent construction of any shop shall be permitted in the above area. Despite the proceedings as above, there were some encroachments as well; upon which a public interest litigation was filed before this Court as WP(C) 20531/07 wherein Annexure R3 (b) interim order was passed on 16th of November 2011 in the following terms :