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2015 Supreme(Ker) 1263

ASHOK BHUSHAN, A.M.SHAFFIQUE
Banerjee Memorial Club – Appellant
Versus
Taluk Tahsildar – Respondent


Advocates Appeared:
For the Appellant :P.K. Suresh Kumar, Sr. Advocate and Santheep Ankarath, Advocate.
For the Respondent:Addl. Advocate General, K.A. Jaleel, Sr. Govt. Pleader, P.I. Davis, V. Krishna Menon, K.S. Madhusoodanan and P.B. Krishnan, Advocate.

JUDGMENT :

Ashok Bhushan, J.

This Writ Appeal has been filed against the judgment and order dated 16.10.2008 by which W.P(C) No. 28735 of 2008 filed by the appellant has been dismissed. Writ Petition was filed by the petitioner, Banerji Memorial Club (for short, "the Club") challenging orders passed for eviction of the Club from the premises in question under the Kerala Land Conservancy Act, 1957 (hereinafter referred to as "the 1957 Act"). The parties shall be hereinafter referred to as described in the Writ Appeal.

2. Following facts of the case emerge from the pleadings of the parties: The Club, now registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 was established in Thrissur Town on two plots, i.e. 51 5/8 cents in Sy.No. 246/1 and 13 cents in Sy. No. 246/2 of Thrissur Village in the year 1914. The petitioner claimed that the land was gifted by His Highness, the Maharaja of Cochin State for construction of the Club. The first meeting of the Club was held on 17.05.1914 (4th Edavam 1089). The Club was named in memory of the Diwan of Cochin State, A.R.Banerjee, ICS. The first president of the Club was J.W.Bhor, ICS, Diwan of th


























































































































































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