The Mavelikkara Town Unit of the Kerala Ex-service League represented by its President is the petitioner. Virtually, the grievance of the petitioner is relating the non-implementation of Ext.P8 resolution by the first respondent-Municipality. This writ petition has been filed seeking issuance of a writ of mandamus commanding respondents 1 and 2 to implement Ext.P8 resolution and also to issue a writ of mandamus commanding the first respondent to put in possession of Room Nos.IV/142, 143 and 144 to the in-charge of the Ex-Servicemen Contributory Health Scheme (ECHS) Polyclinic, Mavelikkara so as to enable commencement of the dental unit. Going by the pleadings in this writ petition it is evident that the rooms in question are presently occupied by the third respondent. Despite the issuance of notice the third respondent has not chosen to enter appearance to resist the case. The learned standing counsel appearing for respondents 1 and 2 submitted that the rooms in question are leased out to the third respondent and that he had committed chronic default in payment of rent. It is further submitted by the learned standing counsel that taking note of the third respondent's default notice was already served on the WP(C).No.6993/2014 2 third respondent and steps were already taken to evict the third respondent from the rooms in question. Ext.P8 resolution would reveal that already a decision was taken in that regard by respondents 1 and 2 to allot the rooms in question to the petitioner to enable conduct of ECHS polyclinic unit. It is evident from the submissions made on behalf of respondents 1 and 2 that the 3rd respondent, who is in possession of the aforementioned rooms, failed to make payments to which he is legally liable based on his occupation of the rooms in question and in terms of the agreement entered into by the petitioner with respondents 1 and 2. It is also evident from the submissions that the respondents have already issued notice to evict the third respondent from the rooms in question. In such circumstances, definitely it will be open to respondents 1 and 2 to proceed against the third respondent expeditiously and in accordance with law. Needless to say that before taking any such action notice shall be issued to the third respondent by respondents 1 and 2. Subject to the outcome of such action in accordance with law, the petitioner's claim for putting it in possession of the said shop rooms shall be considered, expeditiously.
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C.T.RAVIKUMAR Judge TKS