IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WA.No. 1484 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.27265/2005 Dated 05/09/2011 APPELLANT: 1ST PETITIONER: --------------------------------------------- MARTIN, S/O.ANTHAPPAN, AGED 43 YEARS, RESIDING AT POLLAYIL HOUSE, SOUDI, MUNDAMVELI MURI, RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN-682 507. BY ADV. SRI.SHAJI P.CHALY SMT.LIJITTA G.MATHEW SMT.S.K.SREEKALA RESPONDENTS/RESPONDENTS , ADDL. 4TH RESPONDENT & 2ND PETITIONER: ----------------------------------------------------------------------------------------------------------------- 1. COCHIN PORT TRUST, WILLINGTON ISLAND, COCHIN, REPRESENTED BY ITS CHAIRMAN, COCHIN-682 009. 2. THE SECRETARY, COCHIN PORT TRUST, ERNAKULAM-682 009. 3. THE DEPUTY CONSERVATOR, OFFICE OF THE DEPUTY CONSERVATOR, COCHIN PORT TRUST, COCHIN-682 009. 4. JOSE ANTONY LIVERO, AGED 46 YEARS, S/O.JOHN ROY LIVERA, 18/3/, NEO COTTAGE, THOPPUMPADI, KOCHI-682 005. 5. FRANCIS, AGED 38 YEARS, S/O.ANTHAPPAN, POLLAYIL HOUSE, SOUDI, MUNDAMVELI MURI, RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN-682 507. R1 TO R3 BY S.C. SRI. B.S. KRISHNAN (SR) & SRI. ANAND. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2011, ALONG WITH W.A. 1485/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR Ag. C.J.& P.S. GOPINATHAN, J. = = = = = = = = = = = = = = = = = = W.A. Nos. 1484 & 1485 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF OCTOBER, 2011. J U D G M E N T C.N. Ramachandran Nair, Ag. C.J. In these connected appeals, the question raised is whether the Cochin Port Trust is entitled to proceed with the steps taken for eviction of unauthorized occupants namely, the appellants who constructed a boat jetty in the back waters (kayal purampoke) under the control of the Port area. Standing Counsel for the Port Trust and the counsel for the contesting party took notice on admission stage and opposed the prayers sought in the writ appeals. 2. After hearing counsel for the appellants and respondents and on going through the judgment of the learned Single Judge, what we notice is that the Single Judge has given opportunity to the appellant to raise objection before the Estate Officer in the proceeding initiated for eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The appellant’s claim based on civil court orders wherein Port Trust is not a party cannot be accepted by this Court. However, we do not want to express W.A. 1484 & 1485/2011 2 any opinion about the appellant’s right, if any, over the property. The writ appeals are disposed of granting another one month to the appellants to file objections before the Estate Officer for him to consider the same while considering orders on eviction. C.N. RAMACHANDRAN NAIR, (Ag. CHIEF JUSTICE) P.S. GOPINATHAN, (JUDGE) KNC/-