The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M.Sathyanarayanan, stated this when a PIL filed by one Raghu came up for hearing today and after perusing the counter affidavit filed by the Home Secretary.
The secretary submitted that wholesale iron trade was shifted from Mannady area and only retail sales have been permitted and they should continue business in their shops.
Raghu had submitted that the court had by its order directed shifting the market on or before June 15, 2009. Even police protection was extended to the petitioners therein.
Despite this, even till date, there had not been shifting of the market fully and the activities, as per the photographs enclosed, were still continuing, he had said.
As far as encroachment was concerned, some time was needed to take action with assistance of police in case the retailers do not comply and clear the area beyond limits of their shops.
The bench, after perusing the affidavit, said "we thus grant further time to the Home Department to carry out the exercise within two weeks. In case retailers continue to use the place outside their shops or carry on business which is not permissible the Home Department is within its power to seal the shops."
