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High Court of KeralaWP(C)/15617/2015disposed of

T.Mohanan v. The District Collector

2015-05-27Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 15617 of 2015 (B) ----------------------------------------- PETITIONER:

-------------------------- T.MOHANAN, S/O. THEVAN, P.M.ENTERPRISES, SARADHA BHAVAN BUILDING R-16, SOUTH RAILWAY STATION ROAD ERNAKULAM-682 016.

BY ADV. SRI.JEEVAN MATHEW MANAYANI RESPONDENTS:

----------------------------

1. THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, KOCHI-682 030.

2. THE TAHSILDAR TALUK OFFICE, KANAYANNUR, KOCHI-682 011.

3. THE KOCHI METRO RAIL REGD.OFFICE AT 8TH FLOOR, REVENUE TOWERS, PARK AVENUE KOCHI-682 011, REPRESENTED BY ITS MANAGING DIRECTOR.

4. STATE OF KERALA REPRESENTED BY ITS DISTRICT COLLECTOR, COLLECTORATE KAKKANAD, KOCHI-682 030.

R1, R2 & R4 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R3 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15617 of 2015 (B) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE WORKING AGREEMENT ISSUED BY THE SOUTHERN RAILWAY TO THE PETITIONER DTD.1.12.2008.

P2 :

COPY OF RIDER AGREEMENT OF THE SOUTHERN RAILWAY DTD.17.2.2012.

P3 :

COPY OF THE RIDER AGREEMENT DTD.11.9.2012 OF THE SOUTHERN RAILWAY TO THE PETITIONER.

P4 :

COPY OF THE PETITION FILED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 3 DTD.22.5.2015.

RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 15617 OF 2015 ---------------------------------------- Dated this the 27th day of May, 2015

JUDGMENT

The petitioner is conducting a Janasadharan Ticket Booking Sewak Counter near the Ernakulam Junction. He contends that he is entitled to run the counter till 27.08.2015 as per the agreement entered into with the Southern Railways. The petitioner apprehends his eviction from the leased premises for the Kochi Metro Rail Project.

2.

The petitioner has in this regard submitted Ext. P4 representation with the first respondent. The petitioner seeks time to vacate the premises and also compensation as a tenant in possession. It is for the first respondent to consider Ext. P4 representation with notice to the necessary parties. 3.

I direct the first respondent to consider Ext. P4 representation with notice to the petitioner, the Kochi Metro Rail, the Southern Railways as well as the owner of the premises. The needful shall be done within a period of one month from the date of production of a copy of this judgment.

W.P.(C). NO. 15617 OF 2015 2 The petitioner shall furnish the address of the officials and owner of the premises to the District Collector along with a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE