The court dismissed the petitioner's writ petition challenging eviction from shop rooms without adjudicating the tenant-licencee dispute. The court held that such a question is not within the scope of Article 226.
Writ petition dismissed; legal and factual contentions left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY ,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941
WP(C).No. 32332 of 2018
PETITIONER/S:
P.SUDHAKARAN AGED 67 YEARS S/O. KUNHAPPA NAIR, PARAYIL HOUSE, MOLOLOM, AZHEEKODE P.O., KANNUR DISTRICT.
BY ADVS. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA SRI.K.RAJESH SUKUMARAN SMT.K.S.SUDHA SRI.SREE GOVIND
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.
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WP(C).No. 32332 of 2018
DEPOT, KANNUR - 670 001.
BY ADVS. M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SMT.K.PARVATHY SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH (SR.) GOVERNMENT PLEADER SRI HARISH K.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 32332 of 2018
JUDGMENT
The petitioner, who is stated to be a tenant in occupation of three shop rooms bearing Nos.S-20,S-21 and S23 in KSRTC complex at Kannur has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P14 notice dated 24.09.2018 of the 5th respondent District Transport Officer, Kannur depot and seeking a declaration that he is entitled to be in occupation of the tenanted premises unless and until he is vacated, invokng the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965. In support of the claim made in this writ petition, the petitioner has placed reliance on Ext.P1 terms and conditions for allotment of shops in KSRTC Complex, Kannur and Exts. P4 to P6 lease deeds dated 22.08.2006, which was valid for a period of two years.
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Standing Counsel for KSRTC took notice admission for respondents 2 to 5 and sought time to file counter affidavit. While ordering the writ petition to be listed on 12.10.2018, this Court directed the parties to maintain the status quo as on that day in respect of the shop rooms covered by Ext.P14 notice till the next posting date.
for further consideration, this Court passed the following order:-
“The petitioner has filed this writ petition mainly relying on Exts.P4 to P6 lease deeds dated 22.08.2006. One of the grounds raised in this writ petition is that the petitioner being a statutory tenant cannot be evicted from the premises without recourse under the Kerala Buildings (Lease and Rent Control) Act.
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strength of Exts.R2(a) to R2(c) licence deeds.
The order of status quo shall continue till then.”
for consideration along with connected cases, the learned counsel for the petitioner submitted that in certain cases, a memo has already been filed to dismiss the writ petition as not pressed. The learned Standing Counsel for KSRTC sought time to place on record the counter affidavit.
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reiterating the contentions raised in the writ petition.
In such circumstances, leaving open th elegal and factual contentions raised by both sides, this Writ Petition is dismissed.
Sd/-
ANIL K.NARENDRAN
JUDGE
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WP(C).No. 32332 of 2018
APPENDIX OF WP(C) 32332/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TERMS AND CONDITIONS ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE THREE DEMAND DRAFTS FOR RS.9,45,000/- DRAWN IN FAVOUR OF THE FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER OF THE 2ND RESPONDENT DATED 09/02/2015.
EXHIBIT P3 TRUE COPY OF THE DEMAND DRAFT DATED 09/12/2005 EVIDENCING SUBSEQUENT PAYMENT OF RS.6,30,000/- DRAWN IN FAVOUR OF THE FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER OF THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LEASE DEED WITH RESPECT TO THE ROOM NO.S-20.
EXHIBIT P5 TRUE COPY OF THE LEASE DEED WITH RESPECT TO THE ROOM NO.S-21. EXHIBIT P6 TRUE COPY OF THE LEASE DEED WITH RESPECT TO THE ROOM NO.S-23.
EXHIBIT P7 TRUE COPY OF THE COPY OF THE UNDERTAKING DATED 16/09/2018 EXECUTED BY THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE UNDERTAKING DATED 22/10/2008 EXECUTED IN FAVOUR OF THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE SANCTION LETTER DATED 26/02/2009 ISSUED BY THE OFFICE OF THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE SANCTION ORDER DATED 17/06/2010 ISSUED BY THE OFFICE OF THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE RECEIPT DATED 06/09/2018 ISSUED BY THE 2ND
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RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE INTIMATION DATED 28/06/2018 (RECEIVED ON 06/07/2018) ISSUED BY THE 5TH RESPONDENT. EXHIBIT P13 TRUE COPY OF THE EXPLANATION DATED 31/07/2018 SUBMITTED BEFORE THE 5TH RESPONDENT BY THE PETITIONER. EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 24/09/2018 (SERVED ON 28/09/2018) ISSUED BY THE 5TH RESPONDENT. RESPONDENTS' EXHIBITS EXHIBIT R2(a); TRUE COPY OF THE LICENCE DEED DATED 11.08.2016 ENTERED INTO BETWEEN THE PETITIONER AND THE CHIEF ENGINEER (P&CW) OF THE RESPONDENT CORPORATION WITH RESPECT TO SHOP NO.20 EXHIBIT R2(b); TRUE COPY OF THE LICENCE DEED DATED 11.08.2016 ENTERED INTO BETWEEN THE PETITIONER AND THE CHIEF ENGINEER (P&CW) OF THE RESPONDENT CORP ORATION WITH RESPECT TO SHOP NO.20 EXHIBIT R2(c); TRUE COPY OF THE LICENCE DEED DATED 11.08.2016 ENTERED INTO BETWEEN THE PETITIONER AND THE CHIEF ENGINEER (P&CW) OF THE RESPONDENT CORPORATION WITH RESPECT TO SHOP NO.20 // true copy // Sd/PA to Judge
1 issue framed by the court
Whether to allow a writ petition challenging eviction from shop premises on the ground of statutory tenancy rights.
P.SUDHAKARAN
STATE OF KERALA
KERALA STATE ROAD TRANSPORT CORPORATION LTD.
THE CHAIRMAN AND MANAGING DIRECTOR
THE ESTATE OFFICER
THE DISTRICT TRANSPORT OFFICER
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
