High Court of KeralaSingle Judge2021-12-17Review petitions allowed; common order recalled.

RP No. 250 of 2020 & connected cases (Review petitions) – High Court of Kerala, Ernakulam

Case / Petition Number:RP 250/2020 & connected cases

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sunil Thomas
Judgment Date: 2021-12-17
Court Decision / Holding: Review petitions allowed; the common order dated 17 December 2019 in CRP No. 318/2019 and connected cases stood recalled.
Final Disposition: Review petitions allowed; common order recalled.

Parties to the Case

Appellants / Petitioners

Estate Officer (Chief Executive Officer), Cantonment Board, Kannur HQ Hospital P.O., Kannur-670017
The Cantonment Board, Kannur, represented by its Chief Executive Officer, Office of the Cantonment Board, Kannur HQ Hospital P.O., Kannur-670017
Union of India represented by the Secretary, Ministry of Defence, New Delhi-110001

Respondents

K.K.Chithra
K.M.Jayakaran
N.K.Prabhakaran
T.K.Ashokan
C.M.Mohammed Ashraf
K.P.Ashokan
Kadvvan Abdul Azeez
Anitha.K
P.C.Vikas
K.Kunhiraman
C.Satheeshan
V.C.Maimoonaa
K.G.Philip
P.Ajith
P.P.Sujatha
Priya T S
Seema T.K
M.C.Abdul Rahiman
M Ajitha D/O Lakshmanan
P.P.Vincent? (not in document)
Priya T S

Legal Representation & Advocates

Counsels for Petitioners

• P. Vijayakumar, ASG of India
• Manu S., ASG of India

Counsels for Respondents

• G. S. Reghunath
• Suvin R. Menon
• G.S. Reghunath (advocate)
• Suvin R. Menon (advocate)

Case Synopsis & Summary

This is a common order disposing of RP Nos. 250/2020 and many connected review petitions arising from the Cantonment Board shop rooms in Kannur, challenging the common order dated 17 December 2019 in CRP No. 318/2019 and connected matters under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioners are estate officers of the Cantonment Board, Kannur, the Cantonment Board itself, and the Union of India, who sought review of the earlier order on grounds including lack of proper authorization of the Estate Officer under Gazette notifications and misapplication of guidelines (including a reference to Syndicate Bank v. Ramachandran Pillai). The respondents are unauthorised occupants of shop rooms let by the Cantonment Board, and their counsel is generally G. S. Reghunath; in some matters, other advocates are noted. The court heard arguments, examined Exts. P1 notifications and related gazette extracts, and addressed whether the Estate Officer’s appointment required Gazette notification and whether the earlier reasoning correctly treated unauthorised occupancy and eviction under the Public Premises Act. Ultimately, the court held that the review petitions are liable to be allowed and recalled the common order of 17 December 2019, relying on notice/notification issues and the end of licence arrangements to determine unauthorised occupancy, while acknowledging certain guidelines cited in the earlier order.

Provisions of Law Cited

Public Premises (Eviction of Unauthorised Occupants) Act, 1971Section 4(1) and 4(2)(b)(ii) of the Public Premises Act, 1971Section 9(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971Section 114 of the Civil Procedure Code (CPC)Order 47 Rule 1, CPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants argued that the Estate Officer’s appointment requires Gazette notification; Exts. P1 series of gazette notifications were not properly considered, and the common order erred in treating lack of formal authorization as fatal to the Estate Officer’s authority. They contended that CPC Section 114 and Order 47 Rule 1 CPC jurisdiction is applicable for review and that the court should recall the 17 December 2019 order because of non-noticed notifications and possible misapplication of guidelines.

Contentions of Respondents

The respondents contended that the Estate Officer’s authority can be derived from the Government notifications and that the earlier order’s reliance on Syndicate Bank v. Ramachandran Pillai was appropriate in the context of unauthorised occupancy and eviction under the Public Premises Act. They urged that the common order’s findings on unauthorised occupancy and the eviction process be maintained, arguing that the guidelines cited were binding or appropriately persuasive.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Syndicate Bank v. Ramachandran Pillai	2011 KHC 56	Mentioned Only	Cited in the context of guidance on the Estate Officer's authority and guidelines; the 2021 COMMON ORDER notes the reliance on this decision but does not overrule it, and does not make it a controlling authority in the present matter.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943** **RP NO. 250 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 296/2019 OF HIGH COURT OF** **KERALA** ## **REVIEW PETITIONERS:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P O, KANNUR-670017. 2 THE CONTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P O, KANNUR-670017. 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110001. BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT:** K.K.CHITHRA AGED 44 YEARS W/O. RAVI, RESIDING AT PUNNATAN HOUSE, P O CHOVVA, KANNUR DISTRICT, PIN-670006. ## **OTHER PRESENT:** ADV.G.S REGHUNATH FOR RESPONDENT THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.680/2021, 605/2021 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 680 OF 2021** **AGAINST THE ORDER/JUDGMENT IN CRP 322/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONERS:** 1 THE ESTATE OFFICER, (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670 017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670 017. 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110 001. BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT/S:** K.M.JAYAKARAN, AGED 84 YEARS S/O.K.P.RAMAN, SHOP NO.CSC 24, CANTONEMNT SHOPPING COMPLEX, KANNUR, RESIDING AT PANCHAJANAYM, RED CROSS ROAD, PAYYAMBALAM, KANNUR DISTRICT, PIN-670 002. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.11.2021, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 605 OF 2021** **AGAINST THE ORDER/JUDGMENT IN CRP 325/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P. O., KANNUR - 670 017. 2 THE CONTONMENT BOARD CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P. O., KANNUR - 670 017. 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI - 110 001. BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT/S:** N.K.PRABHAKARAN AGED 70 YEARS S/O. KUNHIRAMAN N., RESIDING AT DEEPAM, ARAMKOTTA, P. O. ALAVI, KANNUR - 670 012. adv.g.s.reghunath THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.11.2021, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 526 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 313/2019 OF HIGH COURT OF** ## **KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER ) CANTONMENT BOARD, CANNANORE,HQ HOSPITAL P.O., KANNUR-670 017 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE,HQ HOSPITAL P.O., KANNUR-670 017 3 UNION OF KERALA REPRESENTED BY THE SECRETARY , MINISTRY OF DEFENCE, NEW DELHI-110 001 BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT/S:** T.K.ASHOKAN S/O. SEKHARAN, SHOP-CSC N.15, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT THIRUVONAM, EDACHOVVA, KANNUR DISTRICT-670 002 adv.g.s.reghunath THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 528 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 317/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BORAD, CANNANORE, HQ HOSPITAL P.O. KANNUR-670 017. 2 THE CANTONMENT BOARD CANNANORE, REP BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BORAD, CANNANORE, HQ HOSPITAL P.O. KANNUR-670 017. 3 UNION OF INDIA REP BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110 001. BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA ## **RESPONDENT/S:** KADVAN ABDUL AZEEZ AGED 69 YEARS S/O.N.MUHAMMAD, SHOP NO.CSC-11, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT K.E.HOUSE, CHALAD, KANNUR-670 014. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 511 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 315/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O.KANNUR-670 017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O.KANNUR-670 017. 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110 001. BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT/S:** K.P.ASHOKAN AGED 45 YEARS S/O KUMARAN, SHOP NO CSC-8, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT PANAMBAYIL HOUSE, P.O.KUTTYATUR, NEDUKULAM, KANNUR DISTRICT-670 012. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 7 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021 26TH AGRAHAYANA, 1943** **RP NO. 604 OF 2021** **AGAINST THE ORDER/JUDGMENT IN CRP 324/2019 OF HIGH COURT OF** **KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL.P.O, KANNUR-670017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL.P.O, KANNUR-670017. 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110001. BY ADVS. P.VIJAYAKUMAR MANU S., ASG OF INDIA ## **RESPONDENT/S:** C.M.MOHAMMED ASHRAF S/O.ABDUL AZEEZ, SHOP NO.CSC-25, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT SAJINAS, NEAR RAILWAY GATE, P.O.MUZHAPILANGAD, KANNUR, PIN-670662. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.11.2021, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021 /26TH AGRAHAYANA, 1943** **RP NO. 524 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 301/2019 OF HIGH COURT OF** ## **KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER ) CANTONMENT BOARD, CANNANORE,HQ HOSPITAL P.O., KANNUR-670 017 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE,HQ HOSPITAL P.O., KANNUR-670 017 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110 001 BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT/S:** M.AJITHA D/O. LAKSHMANAN, CSC-21, CANTONMENT SHOPPING COMPLEX, CANNANORE,RESIDING AT SARADHA, SHANTHI ROAD,G.K.PURAM, P.O.CHALAD, KANNUR-670 012 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **FRIDAY, THE 17[TH] DAY OF DECEMBER 2021 /26TH AGRAHAYANA, 1943 RP NO. 545 OF 2021** **AGAINST THE ORDER/JUDGMENT IN CRP 318/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670017. 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110001. BY ADVS. P.VIJAYAKUMAR MANU S., ASG OF INDIA ## **RESPONDENT/S:** ANITHA.K AGED 52 YEARS W/O. RAMACHANDRAN, SHOP-CSC NO.9, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT PAROL HOUSE, MADAYI, VENGARA, KANNUR DISTRICT-670305. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.12.2021, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 443 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 298/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR - 670 617. 2 THE CANTONMENT BOARD CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR - 670 017. 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI - 110 001. BY ADV P.VIJAYAKUMAR ## **RESPONDENT/S:** K.P.CHANDRAN AGED 60 YEARS S/O.KUMARAN, SHOP CSC NO.18, RESIDING AT NIDUKULAM P.O., KUTTIYATTUR, KANNUR DISTRICT- 670 602. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 11 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943 RP NO. 707 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 326/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CENNANORE, HQ HOSPITAL P.O., KANNUR -670 017 2 THE CANTONMENT BOARD CANNANORE, REP. BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CENNANORE, HQ HOSPITAL P.O., KANNUR -670 017 3 UNION OF INDIA REP.BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110001 BY ADV SUVIN.R.MENON ## **RESPONDENT/S:** V.C.MAIMOONA AGED 67 YEARS W/O.LATE K.T.HAMEED, SHOP NO.BSS 5 AND 6, CANTONMENT BUS STAND, CANNANORE RESIDING AT MAIMOONA HOUSE, AAYIANKKARA, POOVALAPPU, KANNUR DISTRICT-670017 BY ADV SRI.G.S.REGHUNATH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 12 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943 RP NO. 498 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 302/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER, (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670017. 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEWDELHI-110001. BY ADVS. P.VIJAYAKUMAR, SCGC MANU S., ASG OF INDIA ## **RESPONDENT/S:** K.G.PHILIP, AGED 75 YEARS, S/O. GABRIAL, SHOP NO.CSC-2, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT KURISINKAL, THAVAKKARA, NEAR SNEHALAYAM, KANNUR DISTRICT-670001. BY ADV SRI.G.S.RAGHUNATH, SC, C-DAC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 13 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 517 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 299/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER THE CHIEF EXECUTIVE OFFICER, CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O. KANNUR 670 017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT, BOARD, CANNANORE, HQ HOSPITAL P.O. KANNUR 670 017. 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI 110 001. BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT/S:** P.P.AJITH AGED 51 YEARS S/O. KANNAN, PUTHIYA PURAYIL HOUSE, P.O. AZHIKODE, THREE ROAD, KANNUR 670 008. ADV.G.S.REGHUNATH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 14 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 523 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 300/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670 017. 2 THE CANTONMENT BOARD CANNANORE, REP BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670 017. 3 UNION OF INDIA REP BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110 001. BY ADVS. P.VIJAYAKUMAR MANU S., ASG OF INDIA ## **RESPONDENT/S:** M.C.ABDUL RAHIMAN AGED 50 YEARS S/O.ERAMULLAN, SHOP-CSC NO.6, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT POONCHAYIL PUTHIYA PURAYIL, MUKKILE PEEDIKA, P.O.CHIRAKKRA, KANNUR DISTRICT-670 104. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 15 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 550 OF 2021** **AGAINST THE ORDER/JUDGMENT IN CRP 316/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O, KANNUR - 670017. 2 THE CANTONMENT BOARD CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O, KANNUR - 670017. 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI - 110001. BY ADVS. P.VIJAYAKUMAR MANU S., ASG OF INDIA ## **RESPONDENT/S:** K.KUNHIRAMAN S/O. KANNAN, SHOP NO. CSC - 20, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT KODIKANDY HOUSE, VESALA, CHATTUKAPARA, KANNUR DISTRICT - 670592. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.11.2021, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 16 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 682 OF 2021** **AGAINST THE ORDER/JUDGMENT IN CRP 323/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P. O., KANNUR - 670 017. 2 THE CANTONMENT BOARD CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P. O., KANNUR - 670 017. 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI - 110 001. UNION OF INDIA BY ADVS. P.VIJAYAKUMAR MANU S., ASG OF INDIA ## **RESPONDENT/S:** C. SATHEESHAN AGED 51 YEARS S/O. M. ANANDAN, SHOP NO.CSC - 5, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT NAKSHATHRA HOUSE, P. O. KAPPAD, KANNUR DISTRICT, PIN - 670006. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.12.2021, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 17 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 512 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 289/2019 OF HIGH COURT OF** **KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR - 670 017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR - 670 017. 3 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE, NEW DELHI, PIN -110 001. 4 SEEMA T.K., AGED 42 YEARS W/O.K.K.NISHAD, MULLAMKANDY HOUSE, EDA CHOVA P.O., CHOVVA, KANNUR DISTRICT - 670 006. BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT/S:** SEEMA.T.K AGED 42 YEARS W/O.K.K. NISHAD, MULLAMKANDY HOUSE, EDA CHOVVA P.O. CHOVVA, KANNUR DISTRICT 670 006. ADV.G.S.REGHUNATH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON R.P.No.250/2020 & connected cases 18 3.12.2021, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 19 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 547 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 314/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER (THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNANORE, HQ HOSPITAL P.O., KANNUR-670017. 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110001. BY ADV P.VIJAYAKUMAR ## **RESPONDENT/S:** P.C.VIKAS AGED 45 YEARS S/O.P.C.PADMANABHAN, SHOP NO.CSC-7, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT SREEPADAMAM, NEAR DISTRICT HOSPITAL, KANNUR-670017. ADV.G.S.REGHUNATH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 20 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943** **RP NO. 519 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 312/2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER THE CHIEF EXECUTIVE OFFICER, CANTONMENT BOARD CANNANORE, HQ HOSPITAL P.O. KANNUR 670 017. 2 THE CANTONMENT BOARD, CANNANORE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE THE CANTONMENT BOARD, CANNANCORE, HQ HOSPITAL P.O. KANNUR 670 017. 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI 10 001. BY ADVS. P.VIJAYAKUMAR MANU S., ASG OF INDIA ## **RESPONDENT/S:** P.P.SUJATHA AGED 50 YEARS D/O. RAMAN, SHOP NO. CSC 16, CANTONMENT SHOPPING COMPLEX, KANNUR, RESIDING AT SWASTHI HOUSE, ARAMKOTTA, P.O. ALAVIL, KANNUR DISTRICT 670 012. BY ADV SRI.G.S.REGHUNATH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 21 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 17[TH] DAY OF DECEMBER 2021/26TH AGRAHAYANA, 1943 RP NO. 501 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRP 297/2019 OF HIGH COURT OF** **KERALA** ## **REVIEW PETITIONER/S:** 1 THE ESTATE OFFICER THE CHIEF EXECUTIVE OFFICER, CANTONMENT BOARD, CANNONORE,HQ HOSPITAL P.O., KANNUR-670 017 THIRUVANANTHAPURAM 2 THE CANTONMENT BOARD, CANNANORE,REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE CANTONMENT BOARD, CANNONORE,HQ HOSPITAL P.O., KANNUR-670 017 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110 001 BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA ## **RESPONDENT/S:** PRIYA T S/O. LATE C.K.SUNILKUMAR, SANTHOSH VIHAR, P.O.THANA, KANNUR DISTRICT-670 012 THIRUVANANTHAPURAM BY ADV SRI.G.S.RAGHUNATH, SC, C-DAC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 3.12.2020, ALONG WITH RP.250/2020 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING: R.P.No.250/2020 & connected cases 22 ## **SUNIL THOMAS, J.** ------------------------------------- **R.P.No.250/2020 in CRP No.296/2019, R.P.No.443/2020 in CRP No.298/2019, R.P.No.498/2020 in CRP No.302/2019, R.P.No.501/2020 in CRP No.297/2019, R.P.No.511/2020 in CRP No.315/2019, R.P.No.512/2020 in CRP No.289/2019, R.P.No.517/2020 in CRP No.299/2019, R.P.No.519/2020 in CRP No.312/2019, R.P.No.523/2020 in CRP No.300/2019, R.P.No.524/2020 in CRP No.301/2019, R.P.No.526/2020 in CRP No.313/2019, R.P.No.528/2020 in CRP No.317/2019, R.P.No.545/2021 in CRP No.318/2019, R.P.No.547/2020 in CRP No.314/2019, R.P.No.550/2021 in CRP No.316/2019, R.P.No.604/2021 in CRP No.324/2019, R.P.No.605/2021 in CRP No.325/2019, R.P.No.680/2021 in CRP No.322/2019, R.P.No.682/2021 in CRP No.323/2019, R.P.No.707/2021 in CRP No.326/2019 ---------------------------------** Dated this the day of 17[th] December 2021 ## **COMMON ORDER** All the above review petitions arise from the common order of this Court dated 17/12/2019 in CRP No.318/2019 and connected cases. 2. Each of the revision petitioners are persons in occupation of different shop rooms let out by the Cantonment Board. Each of them obtained the right from the Board directly or through their predecessors by separate rental arrangements. While so, revision petitioners were served with notices dated 6/4/2018 invoking the Public Premises (Eviction of Unauthorised Occupants) Act 1971, issued by the first respondent in the revisions claiming himself to be the estate officer, under section 4(1) and 4(2)(b)(ii) of the Act. By the said communications, each of the petitioner was requested to show cause as to why the order of eviction shall not be passed against them. Separate objections were filed and after giving a R.P.No.250/2020 & connected cases 23 personal hearing to the revision petitioners, by separate orders, it was held that they were in unauthorized occupation. They were directed to vacate the respective shop rooms before the stipulated time. They challenged those orders before the District Court, under Section 9 (1) of the Public Premises Act. All the CMAs were heard together and by a common order, the appeals were dismissed. Impugning the above orders, the revision petitions were filed. 3. The revision petitioners were heard in extenso. Several contentions were set up by the revision petitioners. After hearing the learned counsel for the revision petitioners, and the learned Central Government Counsel, all the revisions were allowed by a common order and the impugned orders were set aside. The orders of eviction were set aside. 4. The present review petitions are filed by the respondents in the revisions contending that this court has committed two fundamental errors, and consequently the common order in revisions is liable to be reviewed invoking section 114 of the Code of Civil Procedure read with Order 47 Rule 1 of the Code of Civil Procedure. 5. Heard both sides and examined the records. 6. The learned CGC vehemently assailing the common order of this Court contended that one of the reasons given by this court to allow the revisions was that the Estate Officer was not authorised by a notification. It was pointed out that, in paragraph 16 of the common order this court had R.P.No.250/2020 & connected cases 24 held that an appointment of the estate officer can be effected only by a notification in the official Gazette and no notification was produced before the trial court authorizing or designating the first respondent in the revision petitions as the estate officer and clothing him with the powers under the Public Premises Act. The first ground on which review was sought was that, this court failed to notice of Exts.P1 series of notifications issued by the Government of India published in the gazette of India and produced before the court at the time of hearing of the revision petitions. It was brought to my notice that Annexure b(1) notification was produced before this court. However, by an inadvertent omission, especially since separate orders were not passed marking the above document, it missed the notice of this court. Having considered this, I find considerable force in the contention of the learned counsel for the review petitioners that this court did not take note of the notifications, which, if taken note of, would not have resulted in the finding of this court that no authorization was produced. 7. The next ground that was urged by the learned Central Government Standing Counsel was that, the court below, after relying upon the decision of the Apex Court in _**Syndicate Bank v. Ramachandran Pillai(2011 KHC 56)**_ had held that an unauthorized occupant or tenant against whom action was initiated under the Public Premises(Eviction of Unauthorised Occupants) Act, cannot resist the proceedings under the Act on the ground of non compliance of the R.P.No.250/2020 & connected cases 25 guidelines issued by the Central Government. This court did not find any error in the decision of the court below on that count. However, without appreciating the binding effect of the guidelines and the ground on which the order of eviction was made, this court observed that there is substance in the submission of the revision petitioners. Still, this court did not consider the submission as a reason for setting aside the orders passed by the Estate Officer under the Public Premises(Eviction of Unauthorised Occupants) Act. 8. It is true that the contract of licence had come to an end and consequently, the revision petitioners were in unauthorized occupation. This aspect was also not specifically dealt with . Having considered the above two points, I find that the review petitions are liable to be allowed. The review petitioners have made out sufficient ground to invoke the jurisdiction under section 114 of the CPC and accordingly, I am inclined to allow the review petitions. The review Petitions stand allowed. The common order of this Court dated 17/12/2019 stands recalled. Sd/- ## **SUNIL THOMAS** ## **Judge** dpk