IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WA.No. 1874 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.21892/2009 Dated 10/08/2009 .................... APPELLANT/PETITIONER: --------------------------- Mrs.K.P.MANHU, AGED 75 YEARS, W/O.LATE ANDROO A.P.,HAJEE MANZIL 41/257 IA, NORTH RAILWAY STATION, ERNAKULAM KOCHI-18. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS/RESPONDENTS 1,2: --------------------------------------- 1. ASSISTANT MANAGER(FINANCE) INDIAN RAILWAY CATERING AND TOURISM CORPORATION, (IRCTC), 40/8194, SALIH ARCADE, IST FLOOR, CONVENT ROAD, KOCHI-682 035. 2. THE REGIONAL DIRECTOR, REP.BY MANAGER (STATIC), INDIAN RAILWAY CATERING AND TOURISM CORPORATION, (IRCTC) 6A, THE RAIN TREE PLACE, NO.9, Mc NICHOLS ROAD, CHENNAI- 600 031. R1 & R2 BY ADV. SRI.M.C. CHERIAN, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1874 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2009 JUDGMENT Basheer, J. When this appeal is taken up for consideration, Sri.M.A. Shaffiq, learned Senior Counsel who appears for the appellant submits that he will confine his submission to a request for enlargement of time to give vacant possession of the licensed premises to the respondents. He prays that the appellant may be granted two more months’ time to give vacant possession. 2. We have heard Sri.Cheiran, learned Standing Counsel for the Railways also. 3. Having regard to the peculiar facts and circumstances of the case and also keeping in view the projected plight of the employees working in the establishment of the appellant, we are satisfied that, the request made by the appellant can be partly allowed. 4. Therefore, the Writ Appeal is disposed of with the following directions: a) The appellant is granted time till September 30, 2009 WA No.1874 of 2009 -:2:- to vacate the licensed premises. b) Appellant shall give an undertaking in the form of an affidavit before this Court that he shall give vacant possession of the premises on or before the date mentioned above, without seeking any further extension of time. c) The affidavit shall be filed within one week from today. d) If such an undertaking is filed, with copy to the learned counsel for the respondents, an appropriate order shall be issued by the respondents extending the period of license till September 30, 2009. e) Appellant shall pay the entire license fee with arrears if any, till period expiring on September 30, 2009 within 10 days from today. The appeal is disposed of as above. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1874 of 2009 -:3:-