Petitioner has approached this Court seeking a direction to rehabilitate him and permit him to continue his petty trade in tender coconut on the road margin near Canoly tourist spot at Nilambur and in the alternative, consider Ext.P2 representation and pass appropriate orders.
2. The facts involved in the case would show that the petitioner is a handicapped person and according to him, he had been selling tender coconuts and cool drinks in a temporary shed for the last five years. His family depends upon the income derived from the said business. In the meantime, he was asked to remove the shed and shop from the road margin for beautification of the road margins for tourism purpose. Though he had shifted his shop to another portion of the road margin, the Forest authorities have insisted him to remove the shop from the forest land as well.
W.P.C.No.14107/2014 2
3. The learned Government Pleader, on instructions would submit that the road margin which was occupied by the petitioner is forming part of the forest land and therefore no person shall be permitted to carry on any activity in the said area.
4. In the light of the submission made by the learned Government Pleader, I do not think that the petitioner has any legal right to conduct any business by putting up a shed in a puramboke land or in a portion of the forest land unless permission for the same is obtained from the competent authorities.
5. Having regard to the fact that the petitioner has been carrying on unauthorised business activity and that too by putting up temporary shed, the respondent authorities were justified in directing the same to be removed especially since the area in question forms part of the forest land.
Under these circumstances, the petitioner is not entitled for any relief, as prayed for and hence the same is W.P.C.No.14107/2014 3 dismissed. However, dismissal of this writ petition shall not prevent the petitioner from approaching the 1st respondent seeking necessary assistance for carrying on any trade or business in any area allowed under the provisions of the Statute.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr