IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 18573 of 2002(J)
1. THE MUSLIM ASSOCIATION,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. DISTRICT COLLECTOR,THIRUVANANTHAPURAM.
3. TAHSILDAR (RR),THIRUVANANTHAPURAM.
4. VILLAGE OFFICER,VANCHIYOOR.
For Petitioner :SRI.L.MOHANAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :11/01/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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O.P. NO. 18573 OF 2002
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Dated this the 11th day of January, 2008
JUDGMENT
Petitioner is occupying Govt. property on lease. Even though
initially paltry amounts were recovered, Government periodically
increased the rent at various percentage of the market value of the land.
Petitioner’s case is that under G.O. issued in 2004, the rate of lease rent
is reduced to 2.5 per cent of the market value. Government Pleader
submitted that the said G.O. is not applicable to the petitioner and
petitioner has constructed a marriage hall and is letting out the
property, thereby commercially exploiting the property. Since liability
as on today is around Rs. 1.27 crores and since petitioner is
commercially exploiting the property, stay order is modified and
extended by six months or till fresh orders are issued by the District
Collector, whichever is earlier, on condition that petitioner will remit
Rs. 35 lakhs within one month from the date of receipt of a copy of this
judgment. If payment is not made stay will stand vacated and recovery
can be continued and petitioner can be dispossessed forthwith.
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However, if payment is made as above, then recovery of the balance
will be based on District Collector’s order. The Collector is directed to
pass fresh orders on lease rentals after hearing petitioner within two
months from the date of payment of Rs. 35 lakhs.
O.P. is disposed of as above.
(C.N. RAMACHANDRAN NAIR)
Judge
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