IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 W.A.No. 488 of 2008 ---------------------------- AGAINST THE JUDGEMENT IN WPC.20843/2004 DATED 10/01/2008 .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. T.SHAMSUDHEEN, S/O.MOIDUNNY KUTTANGATH HOUSE, POST EDAKKAZHIYOOR VIA, CHAVAKKAD, THRISSUR. 2. E.T.JACOB, S/O.E.C.THOMAS EDAKKALATHOOR HOUSE, PAVARATTY, THRISSUR. BY ADV. SMT.SUMATHY DANDAPANI (SR.) & ADV.SRI.MILLU DANDAPANI RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SPECIAL TAHSILDAR LAND ACUQUISITION GENERAL, THRISSUR -20. 3. THE PRESIDENT PAVARATTY GRAMA PANCHAYAT, THRISSUR. 4. SHAJU, ARACKAL HOUSE PAVARATTY,THRISSUR. R1 & R2 BY GOVERNMENT PLEADER MR.M.P.SREEKRISHNAN R4 BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY R3 BY ADV.MR.C.A.MAJEED THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.488 of 2008 ------------------------------------------ Dated, this the 11th day of March, 2008 JUDGMENT H.L.Dattu, C.J. This appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.20843 of 2004 dated 10th January, 2008. 2. By the impugned order the learned Single Judge has rejected the writ petition and while doing so, he has also granted two months' time to the petitioners to quit and deliver vacant possession of the two shop rooms which are in their occupation. 3. After argung the matter for quite some time and may be knowing the mind of the Court, Smt.Sumathy Dandapani, learned senior counsel appearing for the appellants, has thought it fit to file an affidavit before this Court giving an undertaking that the appellants shall quit and deliver vacant possession of the shop rooms in their occupation to the District Collector, within six months from today. 4. The affidavit of undertaking filed by the appellants reads as under: “ AFFIDAVIT SUBMITTED BY THE 1 st APPELLANT I, T.Shamsudheen, S/o.Moidunny, aged 47 years, residing at Kulangath House, Post: Edakkazhayoor, Via: Chavakkad, Thrissur, now come to Ernakulam, do hereby solemnly affirm and state as follows: 1] I am the 1st appellant in the above Writ Appeal and am well conversant with the facts of the case. The above W.A.No.488 of 2008 2 Appeal has been preferred against the judgment in W.P.(C) No.20843/2004 F. I am the tenant occupying Shop Room bearing No.III/232 of Pavaratty Grama Panchayat, which belongs to the 4th respondent. The learned Single Judge, while dismissing the Writ Petition was pleased to grant two months' time for vacating the Shop Room occupied by me. That two months' time expires on 10.3.2008. 2] The above Writ Appeal has come up for consideration before this Honourable Court on 10.3.2008. This Honourable Court was not inclined to interfere with the judgment of the learned Single Judge. I have to find out another room for conducting my business. A minimum period of 6 month is required for the same. My family is solely depending upon the income which I derive from this business. If extension is not granted, it will cause great hardship and injury to me. 3] I do hereby undertake that I shall surrender vacant possession of the Shop Room occupied by me within a period of 6 months from today. Hence it is humbly prayed that this Honourable Court may be pleased to extend the period by another period of 6 months from today for vacating Shop Room No.III/232 occupied by me. What is stated above is true. Dated this the 10th day of March, 2008.” “ AFFIDAVIT SUBMITTED BY THE 2ND APPELLANT I, E.T.Jacob, S/o.E.C.Thomas, aged 46 years, residing at Edakkalathoor House, Pavaratty, Thrissur, now come to Ernakulam, do hereby solemnly affirm and state as follows: W.A.No.488 of 2008 3 1] I am the 2nd appellant in the above Writ Appeal and am well conversant with the facts of the case. The above Appeal has been preferred against the judgment in W.P.(C) No.20843/2004 F. I am the tenant occupying Shop Room bearing No.III/233 of Pavaratty Grama Panchayat, which belongs to the 4th respondent. The learned Single Judge, while dismissing the Writ Petition was pleased to grant two months' time for vacating the Shop Room occupied by me. That two months' time expires on 10.3.2008. 2] The above Writ Appeal has come up for consideration before this Honourable Court on 10.3.2008. This Honourable Court was not inclined to interfere with the judgment of the learned Single Judge. I have to find out another room for conducting my business. A minimum period of 6 month is required for the same. My family is solely depending upon the income which I derive from this business. If extension is not granted, it will cause great hardship and injury to me. 3] I do hereby undertake that I shall surrender vacant possession of the Shop Room occupied by me within a period of 6 months from today. Hence it is humbly prayed that this Honourable Court may be pleased to extend the period by another period of 6 months from today for vacating Shop Room No.III/233 occupied by me What is stated above is true. Dated this the 10th day of March, 2008.” 5. In our opinion, in view of the affidavit of undertaking filed by the appellants, we need not go into the merits or demerits of the appellants' case. W.A.No.488 of 2008 4 6. Accordingly, we pass the following: ORDER i) Writ appeal is disposed of. ii) The affidavit of undertaking filed by the appellants is placed on record. iii) Appellants are granted six months' time from today to quit and deliver vacant possession of the premises in their occupation (shop rooms) to the District Collector, Thrissur. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns/DK