Extracted from the PDF above. The PDF is authoritative.
WP(C) NO. 3763 OF 2018 1 2025:KER:30639 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 3763 OF 2018 PETITIONERS: 1 HASHIM @ SIYAD, PUTHENPARAMBIL, ARPOOKKARA EAST ,P.O.KOTTAYAM 2 BABY K.P, CHERUVUKALAYIL, GANDHI NAGAR,PERUMPAIKAD VILLAGE, KOTTAYAM 3 JOLLY MATHEW, THOPPURATHU VEEDU, ARPOOKARA EAST P.O.,KOTTAYAM BY ADV SURIN GEORGE IPE RESPONDENT:
ARPOOKARA GRAMA PANCHAYAT, REPRESENTED BY ITS ITS SECRETARY, VILOONI P.O., ARPOOKARA, KOTTAYAM BY ADV SHRI. BLAZE K.JOSE, SC, ARPOOKARA GRAMA PANCHAYAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3763 OF 2018 2 2025:KER:30639 MOHAMMED NIAS C.P., J. ---------------------------------------------- W.P.(C) No.3763 of 2018 --------------------------------------------- Dated this the 08th day of April, 2025
JUDGMENT The petitioners are running bunk shops near the Medical College Hospital in Kottayam. The petitioners contended that when they were sought to be evicted without any steps for rehabilitation, they had approached this Court and Ext.P3
judgment was passed in W.P.(C) No.11136 of 2013 and connected cases, wherein, this Court found that the petitioners were still in occupation of the properties and entitled to be considered for rehabilitation.
2. The petitioners contended that no action was taken based on Ext.P3 judgment, and attempts were being made to evict them. Hence, this writ petition is filed seeking a direction to the respondent not to evict the petitioners till rehabilitation as
directed in Ext.P3 judgment is provided.
3. A statement has been filed by the learned Standing Counsel for the respondent on 26.03.2025, as follows:-
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“3. It is respectfully submitted that the petitioners in the above writ petition have already been rehabilitated based on their claim and is allotted the space and has shifted bunk shops and is conducting their business.” The statements made above are recorded. Given the above, nothing further remains to be considered in this writ petition, and the same is closed without prejudice to the right of the petitioners to approach this Court again in case there is a fresh cause of action.
Sd/- MOHAMMED NIAS C.P. JUDGE Anu
WP(C) NO. 3763 OF 2018 4 2025:KER:30639 APPENDIX OF WP(C) 3763/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 12-12- 1997 IN O.P 10630/1997 EXHIBITP2 TRUE COPY OF THE JUDGMENT DATED 21-03- 2012 IN W.P(C) NOS. 23100/2010, 6849/2012 AND 6850/2012 EXHIBITP3 THE RUE COPY OF THE JUDGMENT DATED 14- 12-2016, IN W.P(C) 11136/2013