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2022 Supreme(Online)(Ker) 78893

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUNIL THOMAS, J
SEEMA T.K. – Appellant
Versus
THE ESTATE OFFICER(THE CHIEF EXECUTIVE OFFICER), CANTONMENT BOARD – Respondent


Advocates:
For the Appellants/Petitioners: G.S.REGHUNATH
For the Respondents: P.VIJAYAKUMAR, ASG OF INDIA
S.MANU, ASG OF INDIA
SREEKALA K.L.
K.THYAGARAJESWARAN
SUVIN R MENON, CGC

Table of Content
1. petitioners challenge evictions initiated by cantonment board. (Para 1 , 2 , 3 , 4 , 5)
2. court's findings against the authority's procedural breaches. (Para 6 , 10 , 12)
3. highlighting the importance of following lawful procedures for eviction. (Para 7 , 11 , 13 , 17 , 19)
4. emphasizes the requirement of lawful authority in eviction orders. (Para 15 , 28)
5. clarification of unauthorized occupation definitions. (Para 22 , 27)

COMMON ORDER

Petitioners in each of these revisions are licensees in occupation of different shop rooms, all owned by the Cantonment Board. Each of them obtained the right from the Board directly or through the predecessors of the respective petitioners. According to the petitioners, on the basis of a license arrangement, on agreed terms, they or their predecessors were put in possession. The arrangement was styled as a license agreement by the Board. Petitioners have been regularly paying the consideration every month as agreed. According to the petitioners, they are conducting different businesses or trade in the above shop rooms and are exclusively depending on the income generated from such businesses, for their livelihood. The first respo

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