Kerala High Court
T.S.Rajagopalan Nair vs State Of Kerala on 22 November, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 6TH DAY OF SEPTEMBER 2012/15TH BHADRA 1934
WP(C).No. 18854 of 2012 (F)
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PETITIONER(S):
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1. T.S.RAJAGOPALAN NAIR,
M/S.INTERNATIONAL ELECTRONICS, TC 28/2218,
OPPOSITE TO SREECHITRA HOME, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
2. K.MOHANDAS,
M/S.THUSHARA TRADERS, TC 28/2214,
THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM - 695 023.
3. A.SARASAMMA,
LOTTERY SHOP, TC 28/2204, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
4. M.ABUBACKER,
ROYAL FURNITURE MART, TC 28/2216
THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM - 695 023.
5. V.RAJAN,
SREE BINDHU ELECTRICALS, TC 28/2215(1),
THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM - 695 023.
6. A.ANOOB,
M/S.SONY ELECTRONICS & ELECTRICALS, TC 28/1777(5)
THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM - 695 023.
7. T.S.JAYACHANDRAN, M/S.ELETRONICA, TC 28/1543,
THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM - 695 023.
8. E.AFSAL,
M/S.COCHIN ELECTRONICS & ELECTRICALS, TC 28/1786,
THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM - 695 023.
Kss ..2/-
..2....
WPC.NO.18854/2012 F
9. A.M.KISHORE
M/S.TARGET ELECTRONICS, TC 28/1773,
THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM - 695 023.
10. A.NAZAR, INTERCITY ELECTRONICS, TC 28/2218(1),
THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
11. G.ANIL, M/S.DEVI ELECTRONICS, TC 28/1554,
THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
12. B.RAJAGOPAL, R.B.ARTS & PLASTICS,
TC 28/1774, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
13. A.THANKAMMA, MOBILE SERVICE, TC 28/2210,
THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
14. S.VIJAYARAGHAVAN NAIR, M/S.NEW EURO MEN'S,
TC 28/2217, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
15. B.BABU, INNOVATION FURNISHING,
TC 28/1785, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
16. S.HAREENDRA KUMAR,
M/S.,ANU ENGINEERING WORKS, TC 28/1528(4),
THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM - 695 023.
17. PRIYA KUMARI.S., W/O.LATE G.SUDHEER, ROYAL CARMATE,
TC 28/1553, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM695 023.
18. E.FAIZAL, COCHIN ELECTRICAL SPARES,
TC 28/1775, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
Kss ..3/-
..3....
WPC.NO.18854/2012 F
19. K.SHYLAJA, SWISS TIMES, TC 28/1776,
THAKARAPARAMBU ROAD,THIRUVANANTHAPURAM - 695 023.
20. M.ABUBACKER, M/S.MINA ELECTRICALS,
TC 28/2206, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
21. H.MOHAMMED RAFI, KAIRALI MOBILE,
TC 28/2207, THAKARAPARAMBU ROAD,
THIRUVANANTHAPURAM - 695 023.
BY ADVS.SRI.G.BIJU
SRI.S.JAYAPRAKASH (MADAVOOR)
RESPONDENT(S):
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1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 695 001.
4. THE CORPORATION OF THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM - 695 001.
5. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA)
REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695 001.
6. MALABAR CASTLE (P) LTD, REPRESENTED BY ITS DIRECTOR,
M.P.AHMED, MALABAR GATE, RAM MOHAN ROAD,
KOZHIKODE -673 001.
R1 TO R3 BY GOVERNMENT PLEADER SRI. K.C. VINCENT
R4 BY SRI.N.NANDAKUMARA MENON,SENIOR ADVOCATE
BY ADV. SRI.P.K.MANOJKUMAR
R5 BY ADV. SRI.K.A.JALEEL, SC., TRIDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-09-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC.NO.18854/2012 F
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P-1 TRUE COPY OF THE ORDER G.O(RT) NO.8426/04/GAD DATED
22.11.2004 ISSUED BY THE GENERAL ADMINISTRATION (SC)
DEPARTMENT.
EXT.P-2 TRUE COPY OF THE JUDGEMENT DATED 12.4.2007 IN WPC
NO.35303/2005 OF THIS HONOURABLE COURT.
EXT.P-3 TRUE COPY OF THE ORDER G.O.(RT)NO.2655/06/RD DATED
16.8.2008 ISSUED BY THE REVENUE (B) DEPARTMENT.
EXT.P-4 TRUE COPY OF THE MINUTES OF THE CORPORATION MEETING HELD
ON 3.12.2011.
EXT.P-5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONERS AND OTHERS BEFORE THE 5TH RESPONDENT DATED
14.12.2011.
EXT.P-6 TRUE COPY OF PHOTOGRAPHS SHOWING THE ERECTIOIN OF
ALUMINIUM SHEETS ON THE ENTRANCE OF THE SHOPS ON THE
EASTERN SIDE OF M.G.ROAD.
EXT.P-7 TRUE COPY OF NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY
DATED 25.4.2012.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.18854/2012-F
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Dated this the 6th day of September, 2012
J U D G M E N T
Mainly, it is a case where the petitioners are seeking for a direction to provide permanent rehabilitation facilities to the petitioners forthwith and direct respondents not to dispossess or close the entrance of the petitioners' shops till they are rehabilitated.
2. The problem that is highlighted by the petitioners has emanated from the proposed construction of a flyover at Thakaraparambu, across MG road under the City Road Improvement Project. The petitioners rely upon various communications to show that proposals are being mooted for permanent rehabilitation and various steps have already been initiated in the matter. But all on a sudden, if the construction is proposed without providing facilities to the petitioners, they will be highly prejudiced.
3. Heard the learned Senior Counsel appearing for the Corporation and the Standing Counsel appearing for the fifth respondent.
4. A statement has been filed by the Standing Counsel for the fifth respondent wherein in para.4, various aspects have been pointed out. For easy reference, the said paragraph is extracted below:
"It is respectfully submitted that the work for flyover is carried out in three reaches viz., (1) Power House Road upto M.G. Road, (2) M.G. Road to Melepazhavangadi and (3) W.P.(C). No.18854/2012 -:2:- Melepazhavangadi to Thakaraparambu. Out of these three reaches, piling work is commenced in reach 1 only. The photographs shown as Ext.P6 in the writ petition is that of the work site in reach No.1. None of the traders in reach No.1 area are neither a party in this case nor objected the construction of flyover. The shops of the petitioners herein are located in reach Nos.2 and 3. At present, temporary rehabilitation is provided to all tenants in reach Nos.1 and 3. All the 27 traders who require rehabilitation in reach Nos.1 and 3 are allotted temporary rehabilitation shops, and notices were issued to these 27 traders on 30/07/2012 and 07/08/2012 requesting to remit the security deposit. Most of the traders have already deposited the first instalment. It is submitted that some traders who are parties in this writ petition also have remitted the first instalment of security deposit. It is submitted that necessary action will be taken to provide temporary rehabilitation to the remaining traders who are affected by the construction of the flyover till permanent rehabilitation is provided. The traders were asked to hand over keys of the existing buildings only after Onam season i.e. on 05/09/2012. ....."
W.P.(C). No.18854/2012 -:3:-
5. It is evident from the said paragraph that constructions are going on in reach Nos.1 and 3 and majority of the petitioners come within reach No.2. In that view of the matter, there is no threat of dispossession as of now. Evidently, the fifth respondent has taken steps with regard to the rehabilitation of traders affected by construction in reach Nos.1 and 3 and it is also stated that whenever the construction is proposed in respect of reach No.2, similar steps will be taken with regard to the petitioners also.
6. Learned counsel for the petitioners then prayed for a direction to the authorities concerned to expedite the process for permanent rehabilitation. It is upto the authorities concerned to take appropriate action in the matter. The writ petition is disposed of. No costs.
Sd/-
(T.R. Ramachandran Nair, Judge.) ms