R. NEELAKANTAN R. ASWINI EYE CLINIC HOLD WORTH MEMORIAL HOSPITAL Vs. THE SENIOR DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA AND THE ESTATE OFFICER

JUDGEMENT

(1.) THE Petitioner is before this Court assailing the order dated 25.04.2009 passed in Case No. 1/2009 (Annexure -A) and the order dated 16.11.2009 passed in MA No. 8/2009 impugned at Annexure -B to the petition.

(2.) HEARD the learned Counsel appearing for the parties and perused the petition papers.

(3.) HAVING heard the learned Counsel appearing for the parties, the question that would arise for consideration in the instant case is as to whether the damages as imposed in respect of the unauthorised occupation of a public premises could be permitted in the instant case, since there is an intervening circumstances viz., the leave granted by this Court in W.P. No. 30694 -30695/2004 permitting the Petitioner a period of 15 months to vacate the petition schedule premises. In the said proceedings, as noticed the question which came up for consideration before this Court was regarding the eviction of the Petitioner from the premises concerned. Though this Court had upheld the order passed by the Estate Officer as well as the appellate Court, the time was granted to vacate the premises thus permitting the occupation for that period.