Rajesh.K.T.K vs Local Self Government Department
2023 Latest Caselaw 10202 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                     &
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
        Thursday, the 21st day of September 2023 / 30th Bhadra, 1945
                              WA NO. 917 OF 2023

    AGAINST JUDGMENT DATED 13.04.2023 IN WP(C) 11658/2023 OF THIS COURT

APPELLANTS/PETITIONERS:

  1. RAJESH.K.T.K., AGED 40 YEARS, KIZHAKKEDATH THAZHAKUNIYIL,
     VILLIAPPALLI, P.O. VILLIAPPALLI, KOZHIKODE, PIN - 673542.

    AND 8 OTHERS.

BY ADVS.M/S.   K.JAYESH MOHANKUMAR, PUSHPARAJAN KODOTH,

VANDANA MENON & VIMAL VIJAY

RESPONDENTS/RESPONDENTS:

  1. LOCAL SELF GOVERNMENT DEPARTMENT, REPRESENTED BY ITS ADDITIONAL
     CHIEF SECRETARY, 4TH FLOOR, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM-
     695001.

     AND 2 OTHERS.

BY GOVERNMENT PLEADER FOR R1

ADV.SRI. JOMY K. JOSE FOR R2

ADV.SRI.ARUNKUMAR FOR R3

     This Writ Appeal again coming on for orders on 21/09/2023 upon
perusing the appeal memorandum and this court's order dated 21/06/2023,
the court on the same day passed the following:

                                                                       P.T.O.
                A. J. DESAI, C. J. & V. G. ARUN, J.
             ===============================
                       W. A. No. 917 of 2023
             ===============================
              Dated this the 21st day of September, 2023

                             ORDER

A. J. Desai, C. J.

Admit.

2. Learned Advocate for the appellants states that the

appellants shall vacate the premises in their possession. He would

submit that, subsequent to the construction of the new building by

the respondent Panchayat, they shall be accommodated in the same,

since the appellants have been tenants of the premises for more than

four decades.

3. On the other hand, the learned Advocate for the Panchayat

would submit that the building is in a dilapidated condition and as

per the report, it is not structurally fit to use. He opposed the

submission made on behalf of the learned Advocate for the

appellants with respect to their right over the property as tenants, on

a new building being constructed.

4. In view of the above submission, at this stage, we are W. A. No. 917 of 2023

passing the following order:-

The appellants shall vacate the premises within a period of

three months from today. The respondent Panchayat may put up the

new building, as early as possible, preferably within a period of 18

months. The respondent Panchayat shall not auction the new

property without prior permission of this Court. The right of the

appellants as tenants is not dealt with at this stage. It is hereby made

clear that, since the appellants have sought three months time to

vacate, if any untoward incident takes place with regard to the

building within such time and the same is collapsed, nobody else, but

the appellants themselves would be liable for consequences.

The appeal shall be listed only at the request made by any of

the parties.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE Eb

21-09-2023 /True Copy/ Assistant Registrar