Bijoy Mathews vs State Of Kerala
2024 Latest Caselaw 15396 Ker

Citation : 2024 Latest Caselaw 15396 Ker
Judgement Date : 5 June, 2024

Kerala High Court

Bijoy Mathews vs State Of Kerala on 5 June, 2024

Author: V.G.Arun

Bench: V.G.Arun

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE THE CHIEF JUSTICE MR.A.J.DESAI
                                     &
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
          Wednesday, the 5th day of June 2024 / 15th Jyaishta, 1946
                              WA NO. 880 OF 2022
     AGAINST JUDGMENT DATED 30/03/2022 IN WP(C) 1853/2022 OF THIS COURT
APPELLANTS/PETITIONERS:

  1. BIJOY MATHEWS, AGED 63 YEARS S/O P.M. MATHEWS (LATE), 4B, PERIYAR
     BLOSSOM, 8, PALACE ROAD, ALUVA- 683 101.

     AND ANOTHER

BY ADVS. M/S. T.R.S. KUMAR, DEENA JOSEPH, DEEPA R. MENON, MITHUN C.
THOMAS, AKSHAY JOSEPH ADHIKARAM & SWARNA THOMAS

RESPONDENTS/RESPONENTS:

  1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
     THIRUVANANTHAPURAM-695 001.

    AND 5 OTHERS.

       BY ADDITIONAL ADVOCATE GENERAL SRI. K.P. JAYACHANDRAN &
 SENIOR GOVERNMENT PLEADER SRI. Y. JAFFER KHAN FOR R1 TO R4
 SMT. M.U. VIJAYALAKSHMI, STANDING COUNSEL FOR R5


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the 5th respondent Kochi Metro to value the entire building in
the interest of justice.


     This Writ Appeal again coming on for orders on 05.06.2024 upon
perusing the appeal memorandum and this Court's Order dated 15.02.2024,
the court on the same day passed the following:
                    A. J. DESAI, C. J. & V. G. ARUN, J.
               ====================================
                W. A. Nos. 880 & 1708 of 2022 & 507 of 2023
               ====================================
                     Dated this the 5th day of June, 2024

                                    ORDER

A. J. Desai, C. J.

It is the case of the Kochi Metro Rail Ltd. that no tenant has left the premises in question subsequent to the acquisition of the building in part.

2. We have gone through the affidavits, however, no details have been submitted about the names of the tenants etc. Hence, we pass the following order:-

The State authority shall file an additional affidavit and narrate the details of the tenants along with affidavits filed by each one of them that they are occupying the portion of the property as a tenant.