M V MOHAN NAIR Vs. STATE

JUDGEMENT

(1.) Petitioners, 86 in number, claim to be members of an association of bunk merchants in Trivandrum city, The bunks owned by these petitioners are erected in various parts of the Trivandrum city and the petitioners claim that they have been doing this business since last several years. They allege that they have obtained licence from the Corporation and these places were identified by the Corporation authority. Petitioners contend that these bunks do not cause any obstruction to the traffic of the vehicles and that they will not in any way adversely affect the interest of the public. On 4-1-92 public works department issued a circular that unauthorised bunks from the PWD puramboke and road margin would be removed immediately. Petitioners allege that their shops are not unauthorised. Petitioners allege that so long as bunk shops do not cause any obstruction to the traffic, there is no jurisdiction for removing the same in a summary manner. Petitioners' association has sent a representation before the Government, but no action was taken and the petitioners seek for a writ of mandamus restraining the respondents from interfering with the trade or business activity of the petitioners and to remove the licenced bunks till a scheme is evolved and implemented for rehabilitating the petitioners.

(2.) On behalf of the third respondent a counter affidavit is filed. The bunks of the petitioners are situated in different parts of Trivandrum city. Some of them are in the road margin and road puramboke. Some are situated either in Corporation land or on road margins coming under the jurisdiction of Executive Engineer of National Highways. The list of bunks situated in road margin under the control of the third respondent are given in Ext. R3(a). The 4th respondent, the Corporation of Trivandrum has no right or authority to permit installation of bucks in PWD road margin. The bunks in PWD road margin cause serious hazards to the pedestrians as well as vehicular traffic The third respondent in his official capacity is responsible for the proper up keep of the road and road margin under his control. He has initiated action to evict the unauthorised bunks erected in PWD road margin. Therefore, the bunks shown in Ext. R3(a) are to be removed. The bunks erected in PWD road margin without the prior permission of PWD authorities are unauthorised and due to these bunks pedestrians are compelled to walk on road and this causes major road accidents. Though the petitioners have right to carry on business they have no right to encroach upon Government land. Action has been initiated only to remove unauthorised bunks,

(3.) I heard the petitioners' counsel and the Government Pleader, and the counsel for the 4th respondent.