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1981 Supreme(Ker) 281

T.CHANDRASEKHARA MENON
ACHUTHAN – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Judgment :-

1. In all these Original Petitions what is questioned is the action initiated by the District Collector with the concurrence of the Executive Engineer, National Highway, Ernakulam, Executive Engineer, P.W.D. (B&R), Ernakulam and the Commissioner of Police to demolish the bunks by the road side in the Cochin Corporation where petty traders are carrying on their trades. Some bunks have already been demolished. Some of the bunks are constructed by the Cochin Corporation at its expense and granted to the respective licensees. Some with no such licences are functioning for the last few years. The Revenue and the Corporation passively allowed the bunk owners to carry on the trade in the footpaths and in the road side. In one case, the petitioners are the duly appointed agents of the Kerala Live Stock Develop ment and Milk Marketing Board Ltd., who have put up Milma Kiosk or Stalls by the road side in sites allotted by the Corporation, which also received licence fees in respect of the same.

2. The petitioners would contend that the demolition of the bunks is violative of Art.14,19 and 21 of the Constitution. The decision to remove the bunks and the action initiated thereon is












































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