IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8346 of 2010(P)
1. N.J.JOSEPH, NAGAPARAMBIL, DISTRICT
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, ALAPPUZHA.
... Respondent
2. KERALA STATE FILM DEVELOPMENT
3. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRI.K.V.SOHAN
For Respondent :SRI.P.GOPALAKRISHNAN NAIR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :19/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.8346/2010-P
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Dated this the 19th day of March, 2010
J U D G M E N T
The petitioner herein is conducting textile business in
a building in Survey No.818/4A of Alappuzha Village which
was acquired for construction of Theatre Complex at the
instance of the second respondent. The proceedings were
pending for a considerable number of years and with regard
to the eviction of the occupants a meeting was held in the
Collectorate, which is evidenced from Ext.P5 minutes. The
petitioner contends that there was decision in the meeting
whereby the understanding was that the second respondent
will facilitate the liability to provide accommodation to
the persons like the petitioner for payment of security
deposit etc. and the second respondent is not complying
with the same.
2. The second respondent has filed a counter
affidavit in the matter. It is pointed out that in the
meeting it was decided that the occupants shall find out
alternate shops of equal size for their shifting and that
the KSFDC shall pay refundable security deposit to the
Landlords and shall rehabilitate them in the shopping
complex to be built up in the property. It was also
specifically agreed that the occupants including the
W.P.(C). No.8346/2010
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petitioner shall vacate the premises on or before
12/03/2010, failing which they shall be evicted on
15/03/2010. It is further pointed out in paragraph (14)
that the Landlord is not entitled to stipulate for the
payment of any amount exceeding one month’s rent by way of
advance. In view of this dispute and in view of the fact
that the petitioner has already filed a representation as
per Ext.P6 before the District Collector, there will be a
direction to the District Collector to take a decision on
Ext.P6 and other aspects of the matter after hearing the
petitioner and the second respondent within a period of ten
days. Eviction, if any, will be effected in terms of the
decision to be taken by the District Collector.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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