IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 1052 of 2010()
1. P.SREEKANTAN NAIR,
... Petitioner
Vs
1. CITY CORPORATION,THIRUVANANTHAPURAM
... Respondent
For Petitioner :SRI.P.A.AHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :08/09/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
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R.S.A.No.1052 of 2010
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Dated this the 8th day of September, 2010
JUDGMENT
Plaintiff is the appellant. Plaintiff
is operating a Milma Booth at Thakaraparambu,
within the limits of City Corporation of
Thiruvananthapuram. The defendant, the City
Corporation, proceeded against the plaintiff
since no licence was obtained for operating the
booth. Plaintiff approached the court and filed a
suit for injunction to restrain the defendant
from interfering with the operation of the booth,
to enable him to run the booth smoothly.
2. The trial court dismissed the suit
which was confirmed in appeal by the first
appellate court. Challenge in this appeal is
against the concurrent decision so rendered by
the courts below.
R.S.A.No.1052 of 2010
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3. At the time of hearing on the
admississibility of the appeal, the learned
counsel for the appellant/plaintiff sought for
indulgence of the court to have some time to
vacate from the building, submitting that the
appellant is eking out his livelihood from the
business operated in the booth. The learned
counsel for the respondent has no objection in
granting reasonable time, subject to an
undertaking given by the appellant to remove his
goods and vacate the booth, within the time
extended by this court.
4. Considering the submissions made as
above, upholding the decree passed by the court
below, a period of three months is granted to
the appellant for removing his goods and vacating
the booth, on condition of the appellant filing
an undertaking in writing before the court below,
within a period of three weeks from today, that
R.S.A.No.1052 of 2010
:: 3 ::
he shall unconditionally remove his goods and
vacate the booth within three months from today.
In the event of default by the appellant to
furnish undertaking within three weeks, the
period of extension will not be available to him.
If undertaking is given as directed, and in the
event of violation to surrender after the
extended period, the Corporation can remove the
unauthorised booth, in accordance with law.
Second appeal is disposed of as above.
Sd/-
(S.S.SATHEESACHANDRAN)
JUDGE
sk/-
//true copy//
P.S. to Judge.