Kerala High Court
Mithun Dominic vs State Of Kerala, Rep. By The on 28 March, 2025
WP(C) No.28842/2024 1/7 Order Date : 28-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 28th day of March 2025 / 7th Chaithra, 1947
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 again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
27/02/2025 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 R2 & R4, the court
passed the following:
WP(C) No.28842/2024 2/7 Order Date : 28-03-2025
ZIYAD RAHMAN A.A., J.
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WP(C) Nos.28334, 28652 & 28842 of 2024
and
5736 of 2025
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Dated this the 28th day of March, 2025
ORDER
This is in continuation of the earlier interim orders passed by this Court including the one passed on 27.02.2025
2. The petitioner in WP(C) No.28842/2024 pointed out that they have already executed agreement with the Municipality and are prepared to vacate the premises, if a separation wall is provided for the area earmarked for them in the temporary market. Apart from the above, the lack of availability of electricity connection is also highlighted by the petitioner.
3. The learned Standing for the Municipality pointed out that, they are prepared to construct a temporary separate wall to enable the petitioner in WP(C) No.28842/2024 to have a separate area earmarked for them. As far as the electricity Connection is concerned, it was submitted by the learned Standing Counsel that, the consent letter for obtaining the electricity connection for the WP(C) No.28842/2024 3/7 Order Date : 28-03-2025 W.P.C Nos. 28334, 28652 & 28842 of 2024 and 5736 of 2025 2 petitioner will be given forthwith. Therefore it is ordered that, once the consent letter is issued, the petitioner shall submit an application for availing the electricity connection and the moment the electricity connection is granted and a separation wall as referred to above is put on place, the petitioner shall shift the business to the new premises.
4. The next aspect is relating to grievances highlighted by the petitioners in WP(C) No.28334/2024. The grievances highlighted by the petitioners are mainly: (1). The lack of proper vehicular access to the property, (2), lack of drainage facility, (3), the lack of electricity and (4) The lack of earmarking and identification of the property.
5. As far as the vehicular access is concerned, it is specifically averred in the statement submitted by the learned standing counsel on 17.03.2025 that, the access to the temporary market from the service road is through a road having length of 16.85 meters and the width of the gate is approximately 12 meters. Thus, the access of through a road having width of 12 meters. Rule 28 of Kerala Municipality Building Rules, provides for WP(C) No.28842/2024 4/7 Order Date : 28-03-2025 W.P.C Nos. 28334, 28652 & 28842 of 2024 and 5736 of 2025 3 width of access to buildings markets coming under Group-F category as 8 meters. Thus, it is evident that, there is proper vehicular access though the road in question and therefore that objection is already addressed.
6. The next aspect is drainage facility, it was pointed by the standing counsel by relying on Annex.A1 that, the separate arrangements will be provided on the north-western side of the plot. It is stated that the said facilities will be provided once the petitioners execute agreements with the Municipality.
7. The next aspect is electricity. In connection with the said issue, it is submitted by the learned Standing counsel for the Municipality that, the petitioners in this writ petition are allotted with open space. Therefore, the question of taking individual electricity connection does not arise. However, Municipality will provide sufficient lighting immediately.
8. Last objection raised is relating to the identity and earmarking of the plots set part from the petitioners. In fact, in the sketch referred to by the learned Standing Counsel itself, the area earmarked for the petitioners are specifically mentioned. WP(C) No.28842/2024 5/7 Order Date : 28-03-2025 W.P.C Nos. 28334, 28652 & 28842 of 2024 and 5736 of 2025 4 Anyhow, considering the difficulties expressed by the learned Senior Counsel for the petitioners, it is directed that petitioners shall appear before the Secretary of the Municipality on 02.04.2025 and thereupon the Secretary shall depute a competent person and earmark the plots in the presence of the petitioners. On identifying the property, the petitioners herein shall execute the agreement and thereupon the Municipality shall establish facilities for drainage in the area earmarked for the petitioners immediately.
9. As far as the petitioners in WPC No.28652/2024 are concerned, it is pointed out that, by the learned Standing Counsel that they are also governed by the interim orders passed by this Court in these writ petitions. By referring to Annexure A1 sketch, it was pointed out by the learned standing Counsel that, for the petitioners who are 51 in numbers, already 51 stalls are earmarked, which are specifically shown in Annex.A1. The learned Counsel for the petitioner admits that they are prepared to shift immediately to the space earmarked for them on providing the facilities offered to the other writ petitioners and shall construct WP(C) No.28842/2024 6/7 Order Date : 28-03-2025 W.P.C Nos. 28334, 28652 & 28842 of 2024 and 5736 of 2025 5 the temporary stalls. The petitioners have also agreed to execute necessary agreements within a period of one week from today. The petitioners in WP(C)No. 28652/2024 have already approached the Civil Court to pursue their right to continue in the market and it is clarified this arrangement shall be without prejudice to the rights of the petitioners to pursue the same.
Post on 04.04.2025.
Sd/-
ZIYAD RAHMAN A.A. JUDGE SM/2903 WP(C) No.28842/2024 7/7 Order Date : 28-03-2025 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 P13 TRUE COPY OF THE COMMUNICATION NO.R5-2086595/24 DATED 20.12.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P14 TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT DATED 27.12.2024 Exhibit P15 TRUE COPY OF THE COMMUNICATION NO.R5-2086595/24 DATED 01.01.2025 ISSUED BY THE 2ND RESPONDENT AND ACCOMPANYING ANNEXURES Exhibit P16 TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT DATED 07.01.2025 Exhibit P17 TRUE COPY OF THE NOTICE NO. R5-2086595/24 ISSUED FROM THE 2ND RESPONDENT MUNICIPALITY DATED 07.03.2025 Exhibit P18 TRUE COPY OF THE RECEIPT DATED 12.03.2025 EVIDENCING THE PAYMENT OF RENT FOR THE FINANCIAL YEAR 2024-2025 ISSUED FROM THE 2ND RESPONDENT MUNICIPALITY Exhibit P19 TRUE COPY OF THE LEASE AGREEMENT DATED 11.03.2025 EXECUTED BETWEEN THE APPLICANT AND THE 2ND RESPONDENT MUNICIPALITY Exhibit P20 TRUE PHOTOGRAPH OF THE SHOP ROOMS ALLOTTED TO THE APPLICANT Exhibit P21 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT MUNICIPALITY DATED 13.03.2025 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