K.S.MURALEEKRISHNAN Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) THE premises occupied by the petitioner wherein he is conducting a restaurant is the subject matter of a suit for partition in O.S.No.67/2008 and connected cases on the file of the court of the II Additional Subordinate Judge of Ernakulam. It is not in dispute that the petitioner was inducted into possession by the second respondent Party Receiver and it remains to be seen as to whether prior permission of the appointing court to lease out the property was obtained or not. The second respondent contends that the court which appointed her as the Party Receiver has directed the key of the premises to be handed over and that the prayer of the petitioner to continue occupation of premises has been turned down.

(2.) THE second respondent further contends that the petitioner does not have a licence of the Corporation of Kochi to conduct business in the premises which ofcourse is stoutly denied by the petitioner. The petitioner maintains that he is a tenant of the premises under a co-owner of the property and that he is entitled to remain in occupation at least till the disposal of the suit.

(3.) I also permit the petitioner to move the court of the II Additional Subordinate Judge of Ernakulam in O.S.No.67/2008 with appropriate application as regards the right to remain in occupation of the premises. Such application need be considered on merits only if the petitioner deposits the sum of Rs.3 lakhs as directed above within a period of two weeks. The application if any filed by the petitioner shall be dealt with by the court of the II Additional Subordinate Judge of Ernakulam or the Vacation Court within a period of six weeks therefrom. The electricity connection to the premises occupied by the petitioner shall not be snapped in the meanwhile if the petitioner deposits the sum of Rs.3 lakhs in the account of the suit as directed above within the stipulated time. The Writ Petition is disposed of.