LAWS(KER)-2018-6-636

T.J. RAJU Vs. THRISSUR CORPORATION

Decided On June 25, 2018
T.J. Raju Appellant
V/S
THRISSUR CORPORATION Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Material facts for the disposal of the writ petition are as follows: Petitioner was conducting a bunk shop selling vegetables. In the year 2006, for the purpose of widening of the road, the bunk shop was demolished. According to the petitioner, no widening ever took place. But at the same time, petitioner was deprived of means of livelihood. Consequent to the representation made by the petitioner, the State Government called upon the corporation to consider petitioner's case sympathetically. Finally, first respondent corporation decided to allow an alternate space to the petitioner to set up a bunk shop. But, a rider has been attached to the said decision by which the corporation now says that petitioner's case will be considered when the issue of rehabilitation of foot path vendors is finally taken up. The said conduct of the corporation is challenged by the petitioner by filing W.P. (C). No.16218/2013 in which the first respondent corporation gave an undertaking that the petitioner will be rehabilitated within an outer limit of six months. However, according to the petitioner, now three years have elapsed, but the respondents have refused to honor the undertaking given. It is also stated that, now the respondents have adopted a stand that the files are missing and hence nothing could be done. It is thus seeking the specified relief, this writ petition is filed.

(3.) Petitioner has also produced additional documents along with I.A No. 9365/2018. Ext. P7 order is passed by the Municipality dated 16/2/2018, whereby, the standing committee has decided to provide a shop room of 4 x 15 feet to the petitioner for a rental of Rs. 80/- per square feet. According to the petitioner, the space provided as per Ext. P7 order is not sufficient enough to have a convenient frontage. A counter affidavit is filed by respondents 1 and 2 refuting the allegations and claims and demands raised by the petitioner, an additional affidavit is also filed. I am not traversing through the entirety of the pleadings made by the petitioner as well as the respondent corporation since a via media can be made in view of the submission made by the learned standing counsel appearing for the respondent corporation.