SHAMSU. C Vs. CORPORATION OF COCHIN

JUDGEMENT

(1.) This writ Petition is filed by the petitioner seeking direction to the respondent not to forcibly evict the petitioner without providing a suitable place to relocate his bunk shop and also seeking direction to the respondent to formulate a scheme in line with the National Policy on Urban Street Vendors, 2009 for rehabilitation of the petitioner in case he is evicted from the present place for some reasons and to implement the scheme.

(2.) Material facts for the disposal of the writ petition are as follows:-

(3.) A counter affidavit is filed by the respondent basically contenting that as per the records available with the Corporation, bunk No.170 in question is in the name of one M.P.Muhammed. As to how petitioner has come in occupation of the bunk is not stated by him. According to the respondent the person to whom the bunk was allotted is no more and the occupation of the petitioner is unauthorized. That apart it is contented that, the bunk shop causes serious hindrances to the traffic. The Lissie hospital residence association have filed certain complaints before the respondent requesting to remove the unauthorised bunks. The residence association filed a petition before the Ombudsman for local self government institutions in which Corporation was a respondent, evident from Ext.R1 complaint. The Ombudsman conducted an enquiry on the complaint which was taken on file and notices were issued, evident from Ext.R2.Subsequently after considering the entire issues Ext.R3 order is issued calling upon the Corporation to give 15 days notice to the bunk owners and report back the course of action being taken by the Corporation to the Ombudsman. On the basis of the enquiry, thereafter as per an order dated 16.9.2010 Ombudsman has passed an order directing the Corporation to evict unauthorised bunk shops evident from Ext.R4.But when steps were initiated by the Corporation to remove the unauthorised bunk shops various persons filed writ petition before this Court against the eviction of the bunk shops, consequent to which various interim orders were passed by this Court. However, repeated complaints were made by the local public, questioning the lethargy on the part of the Corporation from initiating action against the unauthorised bunks. That apart it is stated that the bunk of the petitioner is situated on the side of the very narrow road leading to the railway line from the front side of the Lissie Hospital road. On the one side of the road two wheelers are being parked and the bunk is protruding to the road it causes great difficulties and inconveniences even to the pedestrians. Various other contentions are raised in order to justify the action initiated by the Corporation to remove the bunk shop. I had also advantage of hearing the Lissie Hospital Road Residents Association which got impleaded by filing I.A. No.5121/2017.