CALICUT PRESS CLUB Vs. ESTATE OFFICER

JUDGEMENT

(1.) The Calicut Press Club is in occupation of an extent of 5 cents of land, given to them on lease by the Government on 26.8.1971. the lease was for a period of 25 years, but presumable the term might have been extended as they are still in possession thereof. Ext P1 is the order of assignment. They have approached this court by a writ petition in the following context.

(2.) The Estate Officer of the Life Insurance Corporation of India, first respondent herein, had issued to them Ext.P2 notice on 24.12.1996 intimating that he is of opinion that the structure/ fixture erected and the materials spread on the public premises mentioned in the schedule belonging to the Life Insurance Corporation of India done at the instance of the petitioner Club, is in contravention of the provisions of section 5-a(1) of the Public Premises ( Eviction of Unauthorized Occupants) Act, 1971 and they are to be removed from the premises. The grounds shown in the notice indicated that on 01.12.1976 the petitioner in violation of the law had unauthorisedly demolished the compound wall that existed in the premises and unauthorisedly had put up scaffoldings and erected a wall in the said public premises. The details of the properties had been shown in the schedule of the notice.

(3.) On receipt of Ect. P2, Ext P3 reply had been submitted by the petitioner. However, after affording opportunity to the parties to be heard in the matter, Ext P4 had been issued by the Estate Officer in exercise of the powers under the Act directing the petitioner to remover the scaffoldings, the wall erected and the materials spread in the public premises described in the schedule before a specified date (25.02.1970. It had also been directed that failure to comply with the order will entail removal of such articles and structures and the cost will be recovered from the petitioner. This is under challenge, as the order is extremely objectionable, illegal and issued without jurisdiction.