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FRIDAY, THE 17TH 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
3.12.2020, ALONG WITH RP.680/2021, 605/2021 AND CONNECTED CASES, THE COURT ON 17/12/2021 DELIVERED THE FOLLOWING:
FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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.
FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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 FRIDAY, THE 17TH 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 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 17th 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 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 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 guidelines issued by the Central Government. This court did not find any error in the decision of the court b
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