IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 14913 of 2010(L) ------------------------------------ PETITIONER(S): ---------------------- N.K.CHANDRA BOSE, NIKARTHIL HOUSE, NEAR GURU NAGAR, PALLURUTHY, COCHIN-6. BY ADV. SRI.ALEXANDER PETER RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, MINISTRY OF WATER TRANSPORT DEPARTMENT, TRIVANDRUM. 2. STATE WATER TRANSPORT DEPARTMENT, DIRECTORATE, ALAPPUZHA-1, REP.BY THE DIRECTOR. BY ADV. MR.V.V.NANDAGOPAL NAMBIar THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14913 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2010 J U D G M E N T The petitioner was doing business in shop room bearing No. CC 6/104, owned by the 2nd respondent since 1998, on rental basis. The shop was originally taken on lease by the petitioner's uncle one Sri. E.A. Balakrishnan and after his death, the petitioner has been running the business in the said premises, allegedly with the sanction and knowledge of the 2nd respondent. The petitioner alleges that the 2nd respondent demanded arrears of rent from 1998 -2003 as evidenced by Exts.P1 & P2. The petitioner paid the same. Thereafter the lease agreement was allegedly renewed up to 2008. However the lease was not extended thereafter and rent was also refused to be received. According to the petitioner this was with the intention of evicting the petitioner, terming him as an unauthorized W.P.(C)No. 14913 of 2010 -2- occupant. In the above circumstances the petitioner approached the Munsiff's Court, Kochi and obtained an injunction. Subsequently that O.S. was disposed of by the Munsiff's Court as per Ext.P10 judgment in the following terms: “1. Plaintiff shall not be evicted without serving Section 4 notice of the Kerala Public Buildings (Eviction of un-authorised occupants) Act, 1968. 2. Ext.B5 notice is not a proper notice issued to the occupant of the rented premises as per the provisions in the Act. 3. It is made clear that defendants have got every right to evict the plaintiff in accordance with the provisions in the Kerala Public Buildings (Eviction of Un-authorised Occupants) Act. 4. Considering the nature and circumstances of the case I direct the respective parties to bear their respective costs in the suit.” 2. Petitioner now submits that contrary to the directions of the civil court, without completing proceedings under the Kerala Public Buildings (Eviction of unauthorised Occupants) Act, 1968 the petitioner has been forcefully evicted from the premises. Petitioner therefore seeks the following reliefs : “1) call for the records leading to Exhibit P11 show cause notice and quash the same by issuing a writ of certiorari. W.P.(C)No. 14913 of 2010 -3- 2) Issue a writ of Mandamus or any other writ, order or direction to the respondents to restore the possession of the rented premises CC No.6/104 in the boat jetty premises to the petitioner and allowing him to run the business in the shop and to renew the lease agreement in the name of petitioner after receiving the arrears of rent.” 3. On 18.05.2010, I passed the following interim order: “The learned Government Pleader shall get instructions as to whether the petitioner has been evicted from the preemies as alleged by the petitioner and if so, whether, before eviction, an order has been passed under the Kerala Public Buildings (Eviction of Unauthorized Occupants) Act, 1968.” 4. Today, the learned Government Pleader submits that although Section 4 notice has been issued to the petitioner no final orders have been passed before evicting the petitioner. I am of opinion that, that is against the provisions of the Act and also Ext.P10 judgment of the civil court. It is unjust to evict the petitioner without passing a considered order under the Act. In the above circumstances, the writ petition is disposed of with the following directions: W.P.(C)No. 14913 of 2010 -4- Possession of the shop room in question shall be restored to the petitioner forthwith. The 2nd respondent shall pass final orders pursuant to Section 4 notice under the Kerala Public Buildings (Eviction of unauthorised Occupants) Act, 1968 after affording an opportunity of being heard to the petitioner and communicate the order to the petitioner. Only after two weeks from the date when a copy of that order is served on the petitioner coercive proceedings shall be initiated for eviction if the order authorises the same. The same would also be subject to the right of the petitioner to challenge the said order appropriately and to seek interims orders. S. SIRI JAGAN JUDGE shg/