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 WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 37265 of 2003(J) -------------------------- PETITIONER: ------------ T.S.NARAYANANKUTTY, AGED 43, S/O. SANKARAN, DOOR NO.55/456, COCHIN DEVASWOM BOARD BUILDINGS, VALANJAMBALAM. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: ------------- 1. THE COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF COCHIN DEVASWOM BOARD, THRISSUR. 2. THE SPECIAL DEVASWOM COMMISSIONER, OFFICE OF COCHIN DEVASWOM BOARD, THRISSUR. 3. THE DEVASWOM OFFICER, RAVIPURAM DEVASWOM (COCHIN DEVASWOM BOARD), RAVIPURAM. 4. V.N.SANKARAN, S/O. NARAYANAN, DOOR NO.55/456, COCHIN DEVASWOM BOARD BUILDING, VALANJAMBALAM, COCHIN-16. R1 TO R3 BY ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN DB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOSTAT COPY OF ORDER DATED 20.2.1997 ISSUED BY FIRST RESPONDENT. EXT.P2 TRUE PHOTOSTAT COPY OF ORDER DATED 17.11.1992 ISSUED BY THE THEN DEPARTMENT OF TELECOMMUNICATION. EXT.P3 TRUE COPY OF THE AWARD PASSED AS KELSA NO. 960/2001 LIK ADALATH ON 20.4.2001 EXT.P4 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 17.6.2002 TO RESPONDENTS 1 TO 3 EXT.P5 TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY RESPONDENTS 1 AND 2 RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 37265 OF 2003 -------------------------------------------- Dated this the 2nd day of April, 2008 JUDGMENT C.N. Ramachandran Nair,J. This W.P.C. is filed apprehending transfer of tenancy rights by the first respondent to the assignee of fourth respondent. Petitioner is none other than the son of fourth respondent, who is barber by profession. The room let out by Devaswom to the fourth respondent on rent is used as barber shop. On account of difference between the petitioner and his father, petitioner was not allowed to carry his profession in the same room where his father is also working as barber. We do not think any finding is required from our side on petitioner's right in this matter because petitioner has already obtained Ext.P3 award from the Lok Adalat whereunder petitioner is allowed to retain one chair and function as a barber in the very same room let out to his father. We therefore dispose of the WPC directing the Devaswom to hear petitioner's objections before any rearrangement is made either 2 with regard to surrender or assignment of lease. It is open to the petitioner to produce the orders or decrees in his favour and to raise his rights under the Rent Control Act. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 3