High CourtsDivision Bench(2010) 11 KL CK 0340

Benny S. vs State of Kerala and Another

High Court Of Kerala · Decided on 18 November 2010

HON’BLE JUDGES
C.N. Ramachandran Nair, J · B.P. Ray, J
CASE NUMBER
No. 33587 of 2010 (W)

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Judgment

3 paragraphs · 266 words

Ramachandran Nair, J.—W.P.(C) is filed challenging the closure of Petitioner''s shop by the Revenue authorities on account of unauthorised construction. We have heard counsel for the Petitioner and Government Pleader for the Respondents.

2.

Petitioner has produced photographs which apparently show that Petitioner has done only some modification of the front portion of a room stated to be occupied by him. According to him, he has even got SSI registration in the shop for doing carpentry work. The Petitioner obviously has only possession like several other occupants of Munnar and so much so, we do not think Petitioner should be discriminated and evicted merely because he did some repairs or work in front of his shop to secure it from theft and interference by others. We, therefore, direct the District Collector to open the sealed room and verify whether Petitioner is given SSI registration and that he is maintaining his goods and equipments inside. If materials are there to show that he was in possession and enjoyment of the property, then there will be direction to the District Collector to release it on condition that Petitioner will not carry out any further construction or modification except fixing shutter or door for safety. We make it clear that this judgment will not confer any right on the Petitioner over the land other than what he has by virtue of his possession and documents with him. In other words, this judgment will not stand in the way of any action taken for removal of encroachers including the Petitioner, if otherwise permissible.

W.P. (C) is disposed of as above.