Bechu Kurian Thomas, J
1. Petitioner seeks for a direction to respondents 2 and 3 to permit her to remove the articles belonging to her on the basis of an assessment to be
made within a stipulated time. A direction is also sought to consider Ext.P9 and to take a decision thereon.
2. Petitioner was the licensee of the Municipal Rest House known as ‘Bini Tourist Home’ at Thrissur. She was the licensee from 1997 till
30.09.2020, on which date she surrendered the building. According to her, since she intended to participate in the future tender process, she had kept
the articles inside the building itself at the time of surrender. However, in the meantime, after tender proceedings, since a new licensee was identified,
petitioner requested for removal of a high-tension transformer and 200 KVA generator belonging to her and kept in the premises. By communication
dated 05.11.2022, produced as Ext.P4, the Corporation directed the petitioner to remove the materials within three days. On receipt of the said
communication, petitioner sought two weeks time to remove the articles. However, since petitioner failed to remove the articles even after Ext.P4
communication, she was once again directed to remove the materials within 24 hours by Ext.P7 communication. Again on 26.11.2022, petitioner was
granted a further 24 hours time to remove the materials, failing which it was informed that proceedings will be initiated for auctioning the materials
belonging to the petitioner. It is at this juncture that petitioner filed Ext.P9 representation requesting to remove the materials in a time bound manner.
3. A counter affidavit has been filed by respondents 2 and 3 stating that even after surrender and expiry of the license by 30.09.2020, petitioner had
failed to remove the materials from the tourist home. Several communications were issued requesting to remove the materials. Except for a few items,
she has not removed the remaining articles. In the meanwhile, pursuant to the direction of this Court on 20.07.2023, a reconciliation meeting was held
and based on an inspection, it was found that only a generator belonging to the petitioner was seen inside the building, apart from two other furniture.
Thereafter petitioner was permitted to remove the generator, transformer and some chairs that remained inside the building and she was asked to
remove all the articles by 07.08.2023. However on the said date also petitioner's husband, who appeared, refused to remove the articles. By an order
dated 31.07.2023 petitioner was again directed to appear before the Secretary on 16.8.2023. While so, on 04.09.2023 petitioner's son submitted a list
of articles to be removed which are not assessed or certified by the Corporation.
4. Having heard the learned counsel for the petitioner as well as the learned Standing Counsel for the Corporation, it is evident that the petitioner was
given several opportunities to remove the articles from the building. Despite such repeated requests, petitioner has been evading removal of the
articles under one pretext or the other.
5. The list of articles, as evident from the pleadings in the writ petition, is confined to the generator, transformer and few chairs. Therefore if the
petitioner fails to remove those articles, the Corporation will be entitled to take over the same and remove it and put it up for public auction. The
opportunities granted to the petitioner have not been used by her and instead she is indulging in delaying tactics. If the articles belonging to the
petitioner continue to remain in the building, it would cause prejudice to the Corporation. Therefore, it has to be removed immediately.
6. However, as a measure of granting one more opportunity, this Court is of the view that the petitioner should remove the generator, transformer and
the chairs belonging to her from the building on or before 20.11.2023. If the petitioner fails to remove the articles within the said date, the Corporation
will be entitled to remove them and can conduct auction of the materials and recover the cost. If any balance remains, it shall be returned to the
petitioner. Ordered accordingly.
Writ petition is disposed of with the above directions.
