M.A.ABDUL KAREEM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE writ petition is filed by the petitioner aggrieved by the steps taken to evict the petitioner forcibly from the parts of land near HMT Junction by the side of Jawaharlal Nehru Road. According to the petitioner he is carrying on the business of grocery and fruits and is earning his livelihood and that of his family. He has been doing business for the last thirty years, in a temporary shop put up by him in the land belonging to HMT. It is also stated that more than 25 shops are functioning in the very same place.

(2.) IT is stated that respondents 2 and 3 forcibly evicted the petitioner without any justification.

(3.) IT is pointed out that the petitioner and others encroached upon the roadside without the consent of HMT Limited, the PWD and the Municipality. Several complaints were received in the matter and in the light of the above after issuing notice under Sec. 406(1) & (2) and 447 of the Kerala Municipalities Act, the action was taken. Notice was also issued to HMT in the matter and they also submitted that the unauthorised constructions can be demolished. Ext. R3(b) is such a reply given by the HMT Limited.