IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 OP.No. 4584 of 1999(U) ---------------------------------- PETITIONER(S): ------------------------ M/S.INVICTA FOOD INDUSTRIES, PLOT NO.38, COCHIN FISHERIES HARBOUR, THOPPUMPADY, COCHIN 5, REP.BY ITS PROPRIETOR, NOBERT THOMAS. BY ADV. SRI.BABY JOSEPH(B.JOSE) SRI.JOSEMON K.J. RESPONDENT(S): ------------------------- 1. COCHIN PORT TRUST, REP.BY ITS SECRETARY, COCHIN 5. 2. ESTATE OFFICER AND CHAIRMAN, COCHIN PORT TRUST, COCHIN 5. 3. CHIEF ENGINEER AND ADMINISTRATOR, COCHIN FISHERIES HARBOUR, COCHIN PORT TRUST, COCHIN 5. ADV. SRI.B.S.KRISHNAN(SR.),SC,PORT TRUST SRI.E.K.NANDAKUMAR FOR R1-3 SRI.A.K.JAYASANKAR NAMBIAR FOR R1-3 SRI.K.JOHN MATHAI FOR R1-3 SRI.P.BENNY THOMAS FOR R1-3 SRI.ANIL D. NAIR FOR R1-3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.4584/1999 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ALLOTMENT LETTER DT. 25.5.95. P2:- COPY OF THE NOTICE DT. 31.8.98. P3:- COPY OF THE TEXT OF THE EXPLANATION DT. 11.9.98. P4:- COPY OF THE ORDER DT. 21.12.95 PASSED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE APPLICATION FOR ALLOTMENT OF LAND SUBMITTED BY THE PETITIONER. R3(b):- COPY OF THE LETTER DT. 25.5.95 FROM THE 3RD RESPONDENT TO THE PETITIONER. R3(c):- COPY OF THE APPENDIX ATTACHED TO EXT.R3(b). E3(d):- COPY OF THE NOTICE DT. 10.6.96 ISSUED TO THE PETITIONER. R3(e):- COPY OF THE NOTICE DT. 9.8.96 ISSUED TO THE PETITIONER. R3(f):- COPY OF THE NOTICE DT. 2.6.97 ISSUED TO THE PETITIONER. R3(g):- COPY OF THE NOTICE DT. 19.6.98 ISSUED TO THE PETITIONER. R3(h):- COPY OF THE EXPLANATION DT. 26.6.98 SUBMITTED BY THE PETITIONER. R3(i):- COPY OF THE NOTICE DT. 31.8.98 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.4584/1999-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of December, 2008. J U D G M E N T The challenge in this original petition is against Ext.P4 a notice issued by the third respondent demanding arrears of lease rent and other amounts payable by the petitioner towards licence fee, monthly rent, etc.. The petitioner was granted, as per Ext.P1, land measuring 67 cents in plot No.38 for the construction of five ton Plate Freezer, three ton Blast Freezer, 100 tons Cold Storage for a period of two years. The terms under which the licence and lease deeds are granted are set out in Ext.P1. Mainly, the allotment of land was subject to the condition that if the buildings approved by the Port Trust were constructed on the land within two year's period, the Trust would grant lease of the land in favour of the petitioner for a further period of 28 years. Subsequently, by Ext.P2, a notice under Sub Section (1) of Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971was issued to show cause against the proposed order of eviction, presumably, for violation of the terms of the licence and for non completion of the formalities prescribed therein. The petitioner submitted Ext.P3 explanation. It is submitted that a hearing was conducted by the Chairman, Port Trust and he had visited the place also. Thereafter, as per his direction, O.P.No.4584/1999 -:2:- Ext.P4 was issued claiming various amounts. The petitioner was given a further chance to complete the formalities on condition of making the payment. Respondent Nos.1 to 3 have filed a detail counter affidavit traversing the contentions raised in this original petition. It is averred that by issuing Ext.P4, the respondents really intended to give him a chance to settle the outstanding dues within two months. The amount due as on July 1998 is shown as Rs.3.09 lakhs approximately. The petitioner has got a case that there are certain circumstances which justify his conduct. 2. It is clear that no final order has been passed so far in the matter. Therefore, no adjudication is called for by this Court, at this stage. In that view of the matter, I direct respondent Nos.1 and 2 to proceed with the further action pursuant to Ext.P2 and finalise the same within two months from the date of receipt of a copy of this judgment. Ext.P3 will be considered on merits. Since the matter was pending here for the last nine years, a fresh hearing will be conducted with notice to the petitioner, after granting him an opportunity to produce evidence in support of his case. Now, in view of the fact that the petitioner is admittedly liable to pay the monthly rent for the buildings and lease rent etc., I direct the petitioner, as an interim measure, to deposit an amount of O.P.No.4584/1999 -:3:- Rs.5,00,000/- within three weeks from today which will be liable to be adjusted towards the payments due from him. The original petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms O.P.No.4584/1999 -:4:- T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.4584/1999-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 3 r d D e c e m b e r , 2 0 0 8 .