IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 OP(C).No. 756 of 2011(O) ------------------------------------- EP.154/2010 IN OS.75/1998 of PRINCIPAL MUNSIFF COURT-I, KOZHIKODE. .................... PETITIONER: ------------------- M.K. SASEENDRAN, AGED 57 YEARS, S/O.M.K. RAGHAVAN, RESIDING AT 914, VIKAS NAGAR HOUSING COLONY, ERANHIPALAM, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN, SRI.P.A.HARISH. RESPONDENT(S): -------------------------- 1. M.K. SUSHAMA, D/O.M.K. RAGHAVAN, RESIDING AT RATNAPURI, NEAR MALABAR CHRISTIAN COLLEGE, KOZHIKODE-673 001. 2. M.K. MANI @ ANIL, S/O.M.K. RAGHAVAN, RESIDING AT ROHINI, NEAR RAILWAY STATION, P.O. KOYILANDI, KOZHIKODE-673 305. 3. M.K. SUDHA, D/O.M.K. RAGHAVAN, RESIDING AT ASWATHI, BLUE MOUNT APARTMENTS, KUMARANASAN ROAD, KADAVANTHARA, KOCHI-682 020. 4. SAROJINI, W/O.M.K. RAGHAVAN, RESIDING AT USHUS,CHEROOTTY NAGAR HOUSING, KALATHIKUNNU AMSOM DESOM, KOZHIKODE TALUK, 673 593. 5. SUHASINI, D/O.M.K. RAGHAVAN, RESIDING AT ANAND, NEAR NAVODAYA STUDIO, KAKKANAD, ERNAKULAM-682 030. 6. USHA BALACHANDRAN, D/O.M.K. RAGHAVAN, RESIDING AT USHUS, CHEROOTTY NAGAR HOUSING COLONY, KALATHIKUNNU AMSOM DESOM, KOZHIKODE TALUK, 673 593. OP(C).No. 756 of 2011(O) 7. DEEPA GIRISH, D/O.M.K. RAGHAVAN, RESIDING AT AKASH, NEAR HOMEO HOSPITAL, KOYILANDY, KOZHIKODE-673 305. 8. ANUPAMA, D/O.SREENIVASAN, RESIDING AT PADMALAYAM, ANELA ROAD, KOYILANDI. P.O, KOZHIKODE-673 305. 9. ANJANA, D/O.SREENIVASAN, RESIDING AT PADMALAYAM, ANELA ROAD, KOYILANDI. P.O, KOZHIKODE-673 305. R1 & R2 BY ADV. SRI.JACOB ABRAHAM. R3, R5 TO R9 BY ADV. SMT.KOCHUMOL KODUVATH. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs P.BHAVADASAN, J. ------------------------------------- OP(C) No.756 of 2011 ------------------------------------- Dated this the 18th day of March 2011 Judgment In this petition under Article 227 of the Constitution of India, the petitioner seeks the following reliefs : i. Issue an appropriate order setting aside Ext.P7 order of the learned Munsiff. ii. Issue any other appropriate order or direction which this Honourable Court may deem just, fit and proper in the facts and circumstances of the case and sufficient for the redressal of the grievances of the petitioner. 2. The petitioner challenges Ext.P7 order whereby he is directed to vacate from the premises. After hearing both sides, it is felt that there is no justifiable reason to interfere with the order of the court below. But the learned counsel for the petitioner prays that six months' time may be granted to him for finding out a suitable OPC 756/2011 2 alternate site. 3. The above prayer is very vehemently opposed by the learned counsel for the respondents pointing out that the respondents need the space urgently and such a long time may not be granted to the petitioner for vacating the premises. 4. Considering the nature of the business carried on by the petitioner, it is felt that it will be just and proper to grant him four months' time from today to vacate the premises with a liability to pay Rs.4,500/- per month from the 1st of April 2011 till they vacate, subject to a further condition that the petitioner shall file an affidavit before the trial court within two weeks from today, unconditionally undertaking to vacate the premises at the end of four months from today and also undertaking to pay the amount as directed by this court. Such payments shall be made OPC 756/2011 3 directly to the parties and receipts obtained. The OP(C) is disposed of as above. P.Bhavadasan, Judge sta OPC 756/2011 4