IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 OP.No. 4891 of 2001(G) ---------------------- PETITIONER: ---------- K.N.VELAYUDHAN, AGED 34 YEARS, S/O.NARAYANAN, KATTIPARAMBIL HOUSE, ELOOR EAST, UDYOGAMANDAL P.O., EARNAKULAM DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENTS: ----------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR (RR), NORTH PARUR. 3. VILLAGE OFFICER, ELOOR VILLAGE, ERNAKULAM DISTRICT. 4. M/S.FERTILISERS AND CHEMICALS TRAVANCORE LTD., REGISTERED OFFICE, UDYOGAMANDAL P.O., ELOOR, ERNAKULAM DISTRICT, PIN.683 501 REPRESENTED BY' ITS GENERAL MANAGER (PERSONNEL). R1 TO R3 BY GOVERNMENT PLEADER SMT.N. SUDHA DEVI R4 BY ADV. SRI.E.K.NANDAKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.4891/2001. ORDER ON CMP.NO.8092/2001 IN OP.NO.4891/2001 -------- DISMISSED 17/3/2008 Sd/- P.R.RAMAN, JUDGE. APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER BEARING NO.A1-518/92 DTD. 15/6/99 OF THE EXECUTIVE ENGINEER (ROADS), MAJOR SUB DIVISION, ALUVA ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF THE ORDER BEARING NO.A1-518/92 DTD. 21/8/99 OF THE EXECUTIVE ENGINEER (ROADS), MAJOR SUB DIVISION, ALUVA ISSUED TO THE PETITIONER. EXT.P3 TRUE COPY OF THE RENT AND SECURITY DEPOSIT RECEIPT NO.24 DATED 21/8/99 ISSUED FROM THE OFFICE OF THE EXECUTIVE ENGINEER (ROADS), SUB DIVISION, ALUVA ISSUED TO THE PETITIONER. EXT.P4 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DTD. 21/8/99 BEARING NO.1/EE/CT/99-2000 EXECUTED BY THE PETITIONER IN FAVOUR OF THE EXECUTIVE ENGINEER (ROADS), MAJOR SUB DIVISION, ALUVA. EXT.P5 TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO.CM- UD.EST-PPA-5441-13870/2000 DTD. 12/7/2000 ISSUED BY THE ESTATE OFFICER OF THE 4TH RESPONDENT TO THE PETITIONER. EXT.P6 TRUE COPY OF THE ORDER DEMANDING A SUM OF RS.65,000/- OF THE ESTATE OFFICER OF THE 4TH RESPONDENT BEARING NO.CM-UD.EST-PPA-592/16355/2000 DTD.8/9/2000 ISSUED TO THE PETITIONER. EXT.P7 TRUE COPY OF THE DEMAND NOTICE BEARING NO.C2-276/00- 01/MISC.DGTD. 3/2/2001 ISSUED BY THE 2ND RESPONDENTS TO THE PETITIONER. EXT.P8 TRUE COPY OF THE DEMAND NOTICE BEAIRNG NO.C2-276/00- 01/MISC. DTD.3/2/2001 UNDER SEC.7 OF THE KERALA RR ACT BY THE 2ND RESPONDENT TO THE PETITONER. EXT.P9 TRUE COPY OF THE JUDGMENT DTD. 26/8/2002 PASSED BY THE DISTRICT COURT, ERNAKULAM IN CMA.187/01. RESPONDENTS' EXTS: EXT.R4A TRUE COPY OF THE PLAINT O.S.605/99 OF THE MUNSIFF'S COURT, N. PARUR. EXT.R4B TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT IN IA.2067/99 IN OS.605/99 OF THE MUNSIFF'S COURT, N.PARUR. EXT.R4C TRUE COPY OF THE LETTER DTD. 12/7/2000 NO.CUM- UD.EST-CTV.447 OF EXECUTIVE ENGINEER GIVEN TO THE PETITIONER. True Copy P.S. TO JUDGE. P.R. RAMAN, J. = = = = = = = = = = O.P. NO. 4891/2001 = = = = = = = = = = = = DATED THIS, THE 17TH DAY OF MARCH, 2008. J U D G M E N T Petitioner challenges Exts.P7 and P8 which are notices of demand served on him under the Revenue Recovery Act, pursuant to Ext.P6 order dated 8.9.2000 issued by the 4th respondent - M/s. Fertilizers and Chemicals Travancore Ltd. Petitioner was doing a business in Cable T.V. network under the name and style "Star Vision", at Eloor. A cable was drawn and a dispute arose as to whether the property over which the cable was drawn belonging to PWD or FACT. The Estate Manager of the 4th respondent initiated proceedings for recovery of damages towards such drawing of the cable by invoking Section 7 of the Public Premises Eviction of Unauthorised Occupants Act, 1971, as evidenced by Ext.P6 dated 9.8.2000. Petitioner preferred an appeal challenging Ext.P6 order before the District Court, Ernakulam, as C.M.A. 187/2001. By judgment dated 26.8.2002, the District Court allowed the appeal in part and set aside Ext.P6 order giving an opportunity to the petitioner to submit his reply. The respondents therein were directed to pass fresh orders in accordance with law. O.P. 4891/2001 :2: 2. Exts.P7 and P8 are demand notices issued based on Ext.P6 and since Ext.P6 is already set aside by the District Court in CMA 187/2001 as evidenced by Ext.P9 copy of judgment produced by the petitioner along with I.A. 2853/2008, consequential demands Exts.P7 and P8 are also liable to be quashed. Accordingly, I do so. However, this will not stand in the way of the authorities in passing fresh orders in accordance with the judgment of the District Court. The original petition is disposed of as above. P.R. RAMAN, (JUDGE) knc/- O.P. 4891/2001 :3: P.R. RAMAN, J. = = = = = = = = O.P. NO. 4891/2001 = = = = = = = = = = = J U D G M E N T 17TH MARCH, 2008.