MUHAMMED SABIR Vs. CANTONMENT BOARD CANNANORE

JUDGEMENT

(1.) THE Writ Petition is filed by the petitioner aggrieved by the proceedings to evict the petitioner produced as Exhibits P4 and P5. It is mainly contended that the communications have been issued without complying with the formalities under the relevant Act and no reasons have been shown in Exhibits P4 and P5. This Court had passed an interim order on 16.8.2012 after hearing both sides. In the said order, this Court noted the submission by the learned Assistant Solicitor General of India that the building is in a dilapidated condition and it will be too dangerous for the petitioner to conduct the business therein. It was also pointed out that the petitioner is not conducting business therein and arrears of rent also have not been cleared by the petitioner. This Court after referring to the notice Exhibit P4 found that the reasons pointed out as above have not been projected in the proceedings. Therefore the 2nd respondent was directed to issue appropriate orders showing the reasons for eviction within a period of one week.

(2.) THE learned ASGI submitted that a fresh order has been passed on 19.9.2012. The petitioner has been granted 15 days time to vacate from the premises. It is submitted by the learned counsel for the petitioner that he has received a copy of the order also. The learned ASGI produced before me a photograph showing the present nature of the building, which appears to be in a dilapidated condition. It is submitted that it will be too dangerous for the petitioner to conduct a business therein. The learned counsel for the petitioner seeks three weeks' time to file an appeal and the same is granted on condition that the petitioner will remit the arrears of rent within a period of three weeks from today. It is made clear that if no appeal is filed within the above period, the respondents can take action to implement the order and if the appeal is filed, the same will be disposed of expeditiously in the light of the fact that the building is stated to be in a dangerous condition.