IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WA.No. 2265 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.23802/2008 DTD. 28/10/2008 OF THIS HON'BLE COURT) .................... APPELLANT: ------------------ KONDANATH BEERAN HAJI, S/O. AHAMMED, AGED 58 YEARS, KONDANATH HOUSE, KODINHI ROAD, THIRURANGADI POST -676 306, MALAPPURAM. BY ADVS. SMT.SUMATHY DANDAPANI (SR.), SRI.MILLU DANDAPANI. RESPONDENTS: ----------------------- 1. THIRURANGADY GRAMA PANCHAYATH, THIRURANGADY, MALAPPURAM DIST, REP. BY ITS SECRETARY. 2. THE ESTATE OFFICER, THIRURANGADY GRAMA PANCHAYATH, THIRURANGADY, MALAPPURAM DISTRICT. 3. THE DISTICT COLLECTOR, MALAPPURAM. R3 BY GOVT. PLEADER SMT. K. MEERA, R1 BY ADVS. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.A.No.2265 of 2008 ------------------------------------- Dated 8th January, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner was a lessee of a shop room in the shopping complex owned by the first respondent Panchayat. On allegations of making alterations in the shop room without prior permission of the Panchayat, the Panchayat decided not to renew the lease after 31.3.2007. Thereafter also the petitioner continued unauthorised occupation. The estate officer of the Panchayat initiated proceedings under the Kerala Buildings (Eviction of Unauthorised Occupants) Act, 1968, which resulted in Ext.P6 order. When Ext.P6 order was challenged, this court directed to take alternate remedy by way of appeal before the District Collector. The petitioner filed Ext.P8 appeal. The District Collector dismissed the appeal by Ext.P9 order. The lease was not renewed. The lease period was also expired on 31.3.2007. The learned single Judge relying on the decision of the Supreme Court in Corporation of Calicut v. Sreenivasan (2002 (2) KLT 291 (SC)) found that the occupation was unauthorised and court cannot order renewal of lease. Learned Judge also considered the provisions of lease deed and found that the petitioner is not entitled to continue the occupation. Learned Judge also noticed the submission of the Panchayat that W.A.2265/2008 2 petitioner is the owner of another shopping complex wherein there are 68 shop rooms, even though according to the petitioner that is a family concern. In any event, since petitioner has no legal rights and there is no illegality in the action of the Panchayat, we are not inclined to exercise extraordinary jurisdiction of this court in an intra court appeal. However, on the facts and circumstances of the case, petitioner shall not be evicted for a period of one month from today for giving him a breathing time to remove his articles. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE tks W.A.2265/2008 3 J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2265 of 2008 ------------------------------------- Dated 28th November, 2008 ORDER Koshy,J . Appellant is a lessee of a shoproom in the shopping complex owned by the first respondent Panchayat. Lease was not being renewed by the panchayat. According to the petitioner, he is ready and willing to renew as per the terms imposed by the Panchayat and since he was in occupation of the premises for long time, his liecense should be renewed and he should not be evicted. His trade licence was cancelled and there was a stay against that order of the Tribunal for Local Self Government Institutions and the matter is pending before the Tribunal. Final orders by the Tribunal is a necessary input in disposal of the matter. In the above circumstances, interim stay of eviction of the petitioner is granted for a period of one and a half months from today. J.B.KOSHY JUDGE W.A.2265/2008 4 THOMAS P. JOSEPH JUDGE tks