C.K.SREEDHARAN Vs. ESTATE OFFICER

JUDGEMENT

(1.) THIS writ petition is filed challenging the order passed by Estate Officer appointed under the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 (hereinafter referred as the Act) directing eviction of the petitioner from the premises occupied by him and the appellate order confirming the same. The authorities under the Act had also directed the petitioner to pay an amount of Rs.87,86,096/- as damages to the 4th respondent.

(2.) IT is not in dispute that the petitioner was occupying the premises of the Hospital Development Committee, Institute of Maternal & Child Health, Medical College Hospital, Kozhikode for running a canteen. According to him, he came into possession of the said premises from 11/10/2003 as per Ext.P3 agreement for a period of three years. It was later extended by another 3 months as per Ext.P4. Petitioner continued in possession and the rent was paid upto 11/6/2008. When there was an attempt to evict the petitioner, he filed O.S.No.183/2008 before the Sub Court and obtained an interim injunction restraining the respondent from dispossessing the petitioner. The said order had been confirmed and as per Ext.P7 judgment in W.P.C.No.16292/2010 the Sub Court was directed to dispose of the suit.

(3.) THE main ground alleged by the petitioner is that in so far as the suit filed by him is pending consideration by a Civil Court wherein he had raised a specific plea that the transaction between the parties is that of a lease and the petitioner was a tenant holding over it, he cannot be evicted by resorting to the proceedings envisaged under the Act. The main contention is that if the transaction is that of a lease, there is no notice terminating the lease and the notice issued by the Estate officer under the Act will not suffice.