IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 1865 of 2008(V) ------------------------- PETITIONER(S): --------------- K.P.PAUL, AGED 60 YEARS, S/O.PAILY RESIDING AT PAUL'S VILLA, ARPOOKARA EAST P.O., ARPOOKARA VILLAGE, KOTTAYAM TALUK, KOTTAYAM DIST. BY ADV. SRI.K.JAGADEESCHANDRAN NAIR SMT.DIVYA C BALAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA HEALTH RESEARCH AND WELFARE SOCIETY, REPRESENTED BY MANAGING DIRECTOR, GENERAL HOSPITAL CAMPUS, READ CROSS ROAD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. DILIP MOHAN ADV. MR.ASOK M.CHERIAN FOR R2 MR.M.AJAY,SC,KERALA HEALTH RESEARCH&WE FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1865 of 2008(V) APPENDIX PETITINER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE LETTER DATED 28.12.1975 SENT BY THE 2ND RESPONDENT. EXT.P2 - TRUE COPY OF THE JUDGMENT IN A.S. NO. 262/1982 DATED 16.12.1983. EXT.P3 - TRUE COPY OF THE JUDGMENT S.A. 417/85 DATED 26.09.1985. EXT.P4 - TRUE COPY OF THE DECREE IN O.S. NO. 122/1996 DATED 05.08.1998. EXT.P5 - TRUE COPY OF THE REPLY DATED 30/05/2002. EXT.P6 - TRUE COPY OF THE PAPER REPORT IN MATHRUBHOOMI DAILY DATED 3./01.08. EXT.P7 - TRUE COPY OF THE PAPER REPORT IN DESHABHIMANI DAILY DATED 3/01/08. EXT.P8 - TRUE COPY OF THE COVERING LETTER DATED 31/12/2007 WITH DD AND POSTAL RECEIPT. EXT.P9 - TRUE COPY OF THE SALES TAX ASSESSMENT ORDER FOR THE YEAR 2004-2005 DATED 31/10/2005. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 1865 of 2008 ................................................. Dated this the 20th day of August, 2009 J U D G M E N T The petitioner was granted permission to run a medical shop in a room at Kottayam Medical College, which room belongs to the Kerala Health Research and Welfare Society, the 2nd respondent herein. As the space provided was not sufficient as per stipulations of the Drugs Controller, the petitioner, at his own expense, constructed one more room and has been running the “Paulson Medical Shop, Kottayam” in those two rooms. The 2nd respondent filed O.S. No. 278 of 1980 for evicting the petitioner from those rooms. That suit was dismissed by the District Court. By Ext.P3, the 2nd appeal filed by the 2nd respondent against that decree was also dismissed. According to the petitioner, in 1992, another suit was also filed as O.S. No. 122 of 1996 before the Pala Sub Court, which was also dismissed in 1998 by Ext.P4 decree. In 2002, a notice was issued to the petitioner to vacate the rooms which were replied to by Ext.P5. On 3.1.2008, the Assurances Committee of the Kerala State W.P(C) No. 1865 of 2008 -2- Legislative Assembly, directed the authorities to close the medical shop and to evict the petitioner therefrom. The petitioner apprehends that petitioner would be evicted from rooms without complying with the legal formalities. The learned counsel for the 2nd respondent submits that the petitioners apprehension is based on mere paper reports and the 2nd respondents has not taken any coercive steps in the matter. Although the 2nd respondent would contend that they have every right to evict the petitioner from the rooms in question, the counsel for the 2nd respondent assures this court that the petitioner would not be evicted from the rooms except in accordance with the due process of law. This assurance is recorded and the writ petition is closed. S. SIRI JAGAN, JUDGE rhs