IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 OP.No. 3918 of 2003(N) ---------------------- PETITIONER: ------------ M.C.THOMAS, MOOZHIKKAL HOUSE, PAZHAVANGADI, RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMN.) DEPARTMENT, CIVIL STATION, KOZHIKODE -20. 3. THE TRUSTEE, SREE KALLAKKULANGARA EMOOR BHAGAVATHI DEVASWOM, AKATHETHARA, PALAKKAD. 4. THE EXECUTIVE OFFICER, SREE KALLEKULANGARA EMOOR BHAGAVATHI DEVASWOM, AKATHETHARA, PALAKKAD. BY ADV. SMT.ASHA P.KURIAKOSE SMT.SMITHA SUKUMAR, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 3918/2003 ORDER ON CMP 6918/2003 IN O.P.NO. 3918/2003 DISMISSED. SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) 24/01/2008 SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE LEASE DEED DATED 23/04/1969. P2 : COPY OF THE SANCTION ORDER DATED 30/11/1968. P3 : COPY OF ORDER DATED 14/08/69. P4 : COPY OF COMMON ORDER IN OA NOS.196/78 TO 204/78 DATED 31/07/80. P5 : COPY OF JUDGMENT IN MFA 567/80 DATED 29/09/1981. P6 : COPY OF ORDER IN RP 272/84 IN MFA 567/80 DATED 23/07/93. P7 : COPY OF JUDGMENT IN O.P.NO. 7998/1983 DATED 07/04/85. P8 : COPY OF ORDER DATED 20/07/2002. P9 : COPY OF OBJECTION DATED 27/09/2002. P10 : COPY OF ARGUMENT NOTE. P11 : COPY OF ORDER DATED 27/12/2002. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ------------------------- O.P. No. 3918 of 2003 --------------------------------- Dated, this the 24th day of January, 2008 J U D G M E N T C.N.Ramachandran Nair Petitioner is challenging Ext.P11 order whereby lease granted to him on 17/12/1968 is cancelled. It is conceded that even though the order passed granting lease in favour of the petitioner was irregular and the person, who granted lease to petitioner, got dismissed from service, petitioner enjoyed the lease for 36 years. Petitioner has no case that petitioner has right to continue the lease in the property over which petitioner has no such right. We do not find any ground to interfere with Ext.P11 order. This original petition is, therefore, dismissed as devoid of any merit. (C.N.RAMACHANDRAN NAIR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) jg