ASHOK BHUSHAN, J.

1. Heard the learned counsel for the appellant, the learned Special Government Pleader as well as the learned counsel appearing for the 3rd respondent.

2. This Writ Appeal has been filed against the judgment dated 20.3.2015 passed in W.P.(C) No.23038 of 2013, by which, the Writ Petition filed by the appellant was dismissed. The appellant has filed the Writ Petition seeking for the following reliefs:-

“(i) To issue a writ of certiorari quashing Exts.P7, P9 and P10.

(ii) To issue a writ of mandamus or any other appropriate writ order or direction declaring that the 2nd respondent is not legally empowered to initiate action against the petitioner in respect of a building belonging to the 3rd respondent.

(iii) To award cost for these proceedings.”

2. The brief facts of the case for deciding the Writ Appeal are as follows :-

The parties shall be described as referred to in the Writ Petition. The petitioner had leased out a premises from the 3rd respondent on 14.2.1976 for conducting a medical shop. The 3rd respondent is a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The Society was directed to be constituted by the State Government by its order dated 19.6.1973 (a copy of which was produced as Ext.R3(a) in the Writ Petition), for the purpose of construction of pay wards in 10 Government Medical Colleges. The Government Order contemplates that the Society has to carry out the project of construction of pay wards. The Government Order also contemplated to take loan from State Bank of India, who had set out certain terms and conditions for sanctioning the loan. One of the conditions was that the project shall be implemented by a Society registered under the 1955 Act. The Government Order further contemplated that the Government shall also provide a loan of Rs.7 lakhs for meeting the expenses of the Society.

3. The petitioner was leased out the premises for running a medical shop at the Medical College Junction, Gandhi Nagar, Kottayam. There had been an earlier litigation arising out of original suit filed by the Society against the petitioner which was decided in favour of the Society. The petitioner, thereupon filed appeal and the same was allowed. Thereafter the Society preferred Second Appeal before this Court with delay. The same was dismissed consequent to the dismissal of delay condonation petition. Thereafter the Government initiated proceedings against the petitioner under the provisions of the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 through the Estate Officer, who was the Superintendent of Medical College, Kottayam, who initiated proceedings for eviction of the petitioner from the public building vide notice dated 9.3.2011. The Estate Officer subsequently passed an order on 3.4.2013 directing the petitioner to vacate the premises. The petitioner challenged the said order by filing appeal before the District Collector as Appeal No.H5-21109 of 2013 along with stay petition. Since no order has been passed in the appeal, apprehending possible eviction, the petitioner filed Writ Petition before this Court, which was disposed of by the learned Single Judge directing the District Collector to dispose of the appeal within six weeks. The District Collector, thereafter, vide order dated 12.8.2013 upheld the order of the Estate Officer and confirmed the order of eviction.

4. Learned counsel for the appellant, in support of the appeal, contended that the Superintendent of Medical College, who had initiated proceedings for eviction has no jurisdiction to proceed under the provisions of 1968 Act. It is submitted that the Estate Officer ought to have been appointed by the 3rd respondent Society and that the Estate Officer appointed by the Society can alone have proceeded to take action against the petitioner. It is further submitted that the building was leased out by the Society and not by the Government to the petitio