High Court Kerala High Court

K.C.Thimothios vs Greater Cochin Development … on 8 February, 2010

Kerala High Court
K.C.Thimothios vs Greater Cochin Development … on 8 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3986 of 2010(W)


1. K.C.THIMOTHIOS,S/O.CHUMMAR,AGED 59 YRS,
                      ...  Petitioner

                        Vs



1. GREATER COCHIN DEVELOPMENT AUTHORITY,
                       ...       Respondent

                For Petitioner  :SRI.C.K.PAVITHRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :08/02/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.3986/2010-W
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
           Dated this the 8th day of February, 2010

                      J U D G M E N T

The petitioner is conducting a small scale Automobile

Workshop near Kadavanthra Market. The room is one alloted

by the respondent G.C.D.A. Initially, it was alloted in

the year 1998 on a monthly rent of Rs.1,500/- per month.

The petitioner is aggrieved by Ext.P1 notice proposing to

recover arrears to the tune of Rs.1,99,751/-. It is

pointed out that such a huge amount cannot be paid within

the period provided in the notice, as the petitioner will

not be able to raise the entire amount within the short

time. It is therefore, submitted that the petitioner may

be given some time to make the payment and any eviction

proceedings in the meanwhile may be kept in abeyance.

2. Heard the learned Standing Counsel for the

G.C.D.A.

3. What the petitioner requires is time to make

payment on instalment basis. There will be a direction to

the respondent to stop any action for recovery pursuant to

Ext.P1 on condition of remittance of Rs.40,000/- by the

petitioner within one week from today and the entire

balance will be remitted in five equal monthly instalments

and the last instalment will clear the entire arrears as on

W.P.(C). No.3986/2010
-:2:-

that date. Along with such instalments, the petitioner

will pay the monthly rent also as now fixed from time to

time. If the petitioner makes any default in the matter,

the respondent will be entitled to proceed in the matter

for recovery in accordance with law.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

ms