Court affirmed settlement regarding rehabilitation of petitioners after municipal construction, maintaining their occupancy rights.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"I. call for records leading to the issuance of Exhibit P2 resolution, P3 sanction order, as well as exhibit P4 to P6 notices quash the same by issuing a writ in the nature of certiorari or any other appropriate writ order or direction.

II. Call for records leading to the issuance of exhibit P10 order and quash the same to the extent of non-consideration of the issues pertaining to structural stability of the Bus stand cum shopping complex building of the 2^nd respondent Municipality as well as rehabilitation of the petitioners.

III. issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 2^nd and 3^rd respondents not to evict the petitioners from shop room Nos 29/1044, 29/1039 and 29/1043 respectively of the Bus stand cum shopping complex building belonging to the 2^nd respondent as well as demolish the said complex.

IV. In the alternative, if this honourable Court finds that demolition of the Bus stand cum shopping complex building belonging to the 2^nd respondent is necessary issue a writ in the nature of mandamus or other appropriate writ order or direction commanding the 2^nd and 3^rd respondents to rehabilitate the petitioners.

V. dispense with the production of the English translation of the vernacular documents.

VI. issue any other writ, order or direction as this Honble Court deems fit in the facts and circumstances of the case."

[SIC]

2. When this Writ Petition came up for consideration, both sides submitted that there is an understanding/settlement between the parties. An affidavit is filed by the petitioners in I.A. No.2 of 2026. It will be better to extract paragraph No.2 of the above affidavit:

“2. It is submitted that the Chairperson, Koduvally Municipality, has issued a communication dated 21.02.2026 addressed to the applicants/petitioners herein regarding rehabilitation of applicants/petitioners on the completion of construction of the proposed new Koduvally Municipality Office building. The applicants/petitioners are licenses in occupation of shop rooms numbered 29/1044, 29/1039, and 29/1043 in the Koduvally Bus Stand cum Shopping Complex which is sought to be demolished. True copy of the communication dated 21.02.2026 issued by the Chairperson, Koduvally Municipality, to the applicants/petitioners is produced herewith and marked as Exhibit P19. In view of Exhibit P19 communication, the grievance of the applicants/petitioners has been redressed. It is therefore submitted that this honourable Court may be pleased to dispose of the above Writ Petition in view of Exhibit P19 communication. Exhibit P19 communication is necessary for deciding the questions raised in the above writ petition.”

3. A proceeding is also issued by the Chairperson of the Municipality, as evident by Ext.P19. In the light of Ext.P19, I think this Writ Petition can be disposed of.

Therefore, this Writ Petition is disposed of recording Ext.P19. The Municipal authorities will do the needful in tune with Ext.P19 and rehabilitate the petitioners as stated in Ext.P19 on completion of the construction of the proposed new Municipality Office building.

Sd/-