Kerala High Court
Mithun Dominic vs State Of Kerala, Rep. By The on 5 December, 2024
WP(C) No.28842/2024 1/6 Order Date : 05-12-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 5th day of December 2024 / 14th Agrahayana, 1946
WP(C) NO. 28842 OF 2024
PETITIONER:
MITHUN DOMINIC, AGED 39 YEARS S/O.K.V.DOMINIC, KOORAN HOUSE,
THOTTAKKATTUKARA.P.O., ALUVA WEST, ERNAKULAM DISTRICT, PIN - 683101
RESPONDENTS:
1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, ROOM NO. 505, 5TH FLOOR, ANNEXE - I,
SECRETARIAT, STATUE JUNCTION, THIRUVANANTHAPURAM GENERAL.P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2. ALUVA MUNICIPALITY , MUNICIPAL OFFICE, ALUVA.P.O., ERNAKULAM
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 683101
3. ALUVA MUNICIPAL COUNCIL, MUNICIPAL OFFICE, ALUVA.P.O., ERNAKULAM
DISTRICT, REPRESENTED BY ITS CHAIRMAN, PIN - 683101
4. THE SECRETARY, ALUVA MUNICIPALITY, MUNICIPAL OFFICE,
ALUVA.P.O.,ERNAKULAM DISTRICT, PIN - 683101
5. THE CHAIRMAN, ALUVA MUNICIPAL COUNCIL, MUNICIPAL OFFICE,
ALUVA.P.O.,ERNAKULAM DISTRICT, PIN - 683101
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd and 3rd respondents not to evict the petitioner
from Shop No.145A and 145B (Building No.23/357), pending disposal of the
Writ Petition (Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. DINESH MATHEW J.MURICKEN, K.A.ABHILASH, VINOD S. PILLAI, MOHAMMED
THAYIB N.M., NAYANA VARGHESE, RIA VARGHESE, AHAMMAD SACHIN K. & JERRY
PETER Advocates for the petitioner and of M/S.K.T. THOMAS & NIKHIL BERNY,
Advocates for the respondents 2 to 4, the court passed the following:
WP(C) No.28842/2024 2/6 Order Date : 05-12-2024
WP(C) Nos.28652 of 2024, 28334 of 2024
& 28842 of 2024
1
ZIYAD RAHMAN A.A, J.
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WP(C) Nos.28652 of 2024, 28334 of 2024
& 28842 of 2024
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Dated this the 5th day of December, 2024
ORDER
The issues involved in these writ petitions are pertaining to the reconstruction of Aluva General Market and the temporary rehabilitation measures to be provided by the Municipality to the persons who are carrying on businesses in the said market at present.
2. Today when the matter came up for consideration, the learned Standing Counsel for the Municipality produced the decision of the Municipal Council taken on 03.12.2024 on the basis of the directions issued by this Court in these writ petitions, for making necessary alternate arrangements as a temporary measure, for commencing the construction and completing the same. In said order, which is produced along with memo filed on WP(C) No.28842/2024 3/6 Order Date : 05-12-2024 WP(C) Nos.28652 of 2024, 28334 of 2024 & 28842 of 2024 2 03.12.2024, it is specified that, the property having an extent of 125 cents of land situated 200 mts. away from the present market has been identified by the Municipality and the owners of the said property have expressed their willingness to permit the Municipality to establish a temporary market, to accommodate the petitioners, including 51 traders and 2 wholesale dry fish and fresh fish traders who are now occupying the present market, in the property now identified. Even though, the exact rent is not fixed, the rent of the property has been tentatively fixed as Rs.3,00,000/- subject to the variations on the basis of the final decision to be taken in this regard.
3. As far as the petitioners in WP(C) No.28334 of 2024 is concerned, the learned Senior Counsel appearing for the said petitioners have brought the attention of this Court to the Civil Suits submitted by them, before the competent Civil Court, which are now pending consideration, touching upon the right of the petitioners to continue in the said property. However, it is seen from the present decision that, they are also included in the rehabilitation package now provided as per the decision taken on WP(C) No.28842/2024 4/6 Order Date : 05-12-2024 WP(C) Nos.28652 of 2024, 28334 of 2024 & 28842 of 2024 3 03.12.2024, and it is affirmed by the learned Standing Counsel for the Municipality as well.
4. In the light of the above, I am inclined to pass an interim order, in this matter. Therefore, as a temporary measure, without prejudice the rights of any of the parties, the petitioners in all these writ petitions shall vacate the Aluva General Market, within a period of three weeks from today, and within that period, the Municipality will allot sufficient space for the petitioners in the newly identified property, so as to enable them to set up temporary constructions to continue their activities.
5. It is also clarified that, the petitioner in WP(C) No.28842 of 2024 who is engaged in the wholesale business of dry fish, and is occupying a pucca building in the present market, shall be accommodated in the shed now available in the property earmarked. Similarly, sufficient space shall be provided to the other petitioners as well, to continue the activities they are carrying on presently. It is further clarified that, these arrangements are only temporary in nature, which will not affect WP(C) No.28842/2024 5/6 Order Date : 05-12-2024 WP(C) Nos.28652 of 2024, 28334 of 2024 & 28842 of 2024 4 the rights of the petitioners in WP(C) No.28334 of 2024 to pursue the Civil Suits which are now pending consideration.
Sd/-
ZIYAD RAHMAN A.A JUDGE Pvv/pkk WP(C) No.28842/2024 6/6 Order Date : 05-12-2024 APPENDIX OF WP(C) 28842/2024 Exhibit P1 TRUE COPY OF THE RECEIPT DATED 11.06.2024 EVIDENCING THE PAYMENT OF RENT WITH RESPECT TO SHOP NO.145A (BUILDING NO.23/357) FOR THE YEAR 2024-2025 Exhibit P2 TRUE COPY OF THE RECEIPT DATED 11.06.2024 EVIDENCING REMITTANCE OF RENT DEPOSIT FOR THE YEAR 2024-2025 IN SHOP NO.145A (BUILDING NO.23/357) Exhibit P3 TRUE COPY OF THE RECEIPT DATED 11.06.2024 EVIDENCING THE PAYMENT OF RENT WITH RESPECT TO SHOP NO.145B (BUILDING NO.23/356) FOR THE YEAR 2024-2025 Exhibit P4 TRUE COPY OF THE RECEIPT DATED 11.06.2024 EVIDENCING REMITTANCE OF RENT DEPOSIT FOR THE YEAR 2024-2025 IN SHOP NO.145B (BUILDING NO.23/356) Exhibit P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 03.07.2024 Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF THE RECEIPT DATED 06.07.2024 EVIDENCING THE SUBMISSION OF EXHIBIT P6 BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE NOTICE DATED 30.07.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P9 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 05.08.2024 Exhibit P10 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 05.08.2024 Exhibit-R2(a) True copy of order dated 07.05.2024 issued by Government of Kerala Exhibit-R2(b) True copy of site plan of the proposed market complex