R.Purushothaman vs The Estate Officer
2021 Latest Caselaw 17679 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                     WP(C) NO. 15998 OF 2021
PETITIONER:

    1     R.PURUSHOTHAMAN,
          AGED 60 YEARS
          S/O. S. RAMALINGAM, QUARTER NO. 502/08, FACT (CD)
          TOWNSHIP, AMBALAMEDU P.O, ERNAKULAM, PIN-682 303

          BY ADVS.
          JOY C. PAUL
          BOBBY GEORGE

RESPONDENTS:

    1     THE ESTATE OFFICER ,
          THE FERTILIZERS AND CHEMICAL TRAVANCORE, COCHIN
          DIVISION, AMABALAMEDU-682 303

    2     FERTILISERS AND CHEMICALS TRAVANCORE LTD.
          (FACT LTD.)
          REPRESENTED BY THE DEPUTY GENERAL MANAGER,
          HAVING OFFICE AT UDYOGAMANDALAM, ERNAKULAM-683 501.

    3     MANAGING DIRECTOR,
          KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
          CORPORATION, KINFRA HOUSE, 31/2312, SASTHAMANGALAM,
          TRIVANDRUM-695 010.

          BY ADVS.
          SRI.P.U SHAILAJAN, SC
          SRI.M.GOPIKRISHNAN NAMBIAR
          SRI.K.JOHN MATHAI
          SRI.KURYAN THOMAS
          SRI.PAULOSE C. ABRAHAM
          SRI.RAJA KANNAN

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
 WP(C) NO. 15998 OF 2021
                          2


ON 27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 15998 OF 2021
                                   3




                              JUDGMENT

Dated this the 27th day of August, 2021

The petitioner was an employee of the second

respondent, a Central Government Company. He was

alloted an accommodation and he was entitled to occupy

it till his retirement in April, 2019. Even now, the

petitioner continues in occupation of that building.

According to the petitioner, pursuant to Ext.P2 and Ext.P3

directions issued by the Estate Officer of the concerned

establishment to vacate the building, he had submitted

Ext.P5 and Ext.P6 representations. His request is to give

him breathing time to vacate till Ext.P5 and Ext.P6

representations are heard and disposed of.

2. At the time of admission, the learned Counsel

for the petitioner vehemently contended that the

petitioner is suffering from ailments, that his children are

studying and that he has no house of his own in Kerala.

3. It seems that the quarters occupied by the

petitioner is one covered by the Public Premise (Eviction WP(C) NO. 15998 OF 2021

of Unauthorised Occupants) Act, 1971. He has been

occupying it, even after his retirement for the past two

years. The learned Standing Counsel for the second

respondent submitted that the petitioner has suffered an

order passed by the Estate Officer under the Public

Premise (Eviction of Unauthorised Occupants) Act, 1971,

which he neither disclosed in the original petition nor has

he challenged that.

In the light of the above, I am not inclined to grant

any relief to the petitioner. The Writ Petition fails and

accordingly dismissed.

Sd/-

SUNIL THOMAS

JUDGE SKP/27-8 WP(C) NO. 15998 OF 2021

APPENDIX OF WP(C) 15998/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PAY IN SLIP TOWARDS RENT PAYMENTS.

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE ESTATE OFFICER DATED 18.12.2020.

EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE ESTATE OFFICER, DATED 24.12.2020.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE FROM THE M.E.S.M.K. MACKAR PILLAY COLLEGE FOR ADVANCED STUDIES, EDATHALA SHOWING THE DAUGHTER OF PETITIONER STUDYING DATED 26.07.2021.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 15.12.2020.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 24.12.2020.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE