IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 W.A.No.1815 of 2008 ------------------------------------- (AGAINST THE JUDGMENT IN W.P.(C).NO.17631 OF 2008 DATED 21.08.2008) ----------- APPELLANT: 3RD RESPONDENT:- -------------------------------------------------- THE MEDICAL MISSION TRUST, PAMBAN MADHAVAN ROAD, TALAP, KANNUR, REPRESENTED BY THE MANAGING TRUSTEE G.P. GOPALAKRISHNAN, S/O. GOPALAN NAMBIAR, GOPALAPURAM, VADAKKUMBADI, ERANHOLY, KANNUR. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: PETITIONER AND RESPONDENTS 1 AND 2:- ----------------------------------------------------------------------------------------- 1. TRIVANDRUM INTERNATIONAL HEALTH SERVICE LTD., REPRESENTED BY MANAGING DIRECTOR EMMANUEL MATHEW, SUT HOSPITAL BUILDING, PATTOM, THIRUVANANTHAPURAM. 2. INDIAN OVERSEAS BANK, REPRESENTED BY AUTHORISED OFFICER, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM. 3. VANCHINAD HOSPITALS LTD., REPRESENTED BY MANAGING DIRECTOR, PONGUMOOD, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. R1 BY ADV.SRI.P.GOPALAKRISHNAN NAIR. R2 BY ADV.SRI.P.B.SURESH KUMAR. R3 BY ADV.SRI.T.M.CHANDRAN & SRI.V.AJAKUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1815 of 2008 ---------------------------------------------- Dated, this the 3rd day of September, 2008 JUDGMENT H.L.Dattu,C.J. 3rd respondent in W.P.(C).No.17631 of 2008 has presented this Writ Appeal, being aggrieved by the orders passed by the learned Single Judge dated 21st August, 2008. (2) The learned counsel appearing for the appellant, after arguing the matter for quite some time, may be knowing the mind of the Court, would only request us to grant him a month's time from today to quit and deliver vacant possession of the premises in its occupation to the 2nd respondent. (3) The appellant has also filed an undertaking. The memo of undertaking/affidavit reads as under: “1. I am the managing trustee of the appellant Trust and I am duly authorized to swear to this affidavit. 2. I on behalf of the appellant trust unconditionally undertake that the appellant will vacate from the hospital and premises covered by the Exhibit P1 possession notice mentioned in the judgment of the learned Single Judge in W.P.(C).No.17631 of 2008 dated 21.08.2008 within one month from today”. W.A.No.1815 of 2008 - 2 - (4) In view of the affidavit so filed by the appellant, in our opinion, it may not be necessary for this Court to go into the assertions and allegations made in the Writ Appeal and also the correctness or otherwise of the orders passed by the learned Single Judge. (5) Placing on record the affidavit of undertaking filed by the appellant, we pass the following: Order (i) The Writ Appeal is disposed of. (ii) The appellant is granted a month's time from today to quit and deliver vacant possession of the premises in its occupation to the 2nd respondent. (iii) The appellant shall not, for whatever reasons, make any application before this Court for extension of time. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge