E.A.Mohanan vs Meenagadi Grama Panchayat on 9 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1049 of 2008(Y)


1. E.A.MOHANAN, KADAMBARI TEXTILES,
                      ...  Petitioner

                        Vs



1. MEENAGADI GRAMA PANCHAYAT, REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.P.RAVINDRA NATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :09/01/2008

 O R D E R
                        PIUS C. KURIAKOSE, J.
               -----------------------------------------------
                      W.P.(C)No. 1049 OF 2008-Y
               -----------------------------------------------
                DATED THIS THE 9TH JANUARY, 2008

                            J U D G M E N T

This writ petition has been filed by the petitioner who had been

conducting a textile shop in a room belonging to the respondent

Panchayath seeking a direction to the Panchayath to consider Ext.P3

representation which was filed by him in the wake of revenue recovery

proceedings initiated by the Panchayath for recovery of the arrears of

rent and proceedings for evicting him from the building. I do not

propose to go into the merits of the grounds raised in the writ petition.

Admittedly, the rent arrears will come to more than a a lakh of

rupees. The petitioner cannot legitimately aspire to continue to

occupy the building and for stay of the revenue recovery

proceedings, if at least a the portion of the arrears of rent is not

discharged.

2. I dispose of this writ petition issuing the following directions:

i) The respondent Panchayath is directed to take up Ext.P3 and

dispose of the same considering the issue bestowing as much

sympathy as it deserves and take a decision on the same within two

weeks of receiving a copy of this judgment provided the following

conditions are complied with by the petitioner.

WP(C)No.1049/2008.

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ii)The petitioner shall pay a sum of Rs.12,000/- towards the

demand within two weeks from today and the petitioner shall

continue to pay the monthly rent which falls due subsequent to the

date of the demand at the contract rate. Till such time as orders are

passed and communicated to the petitioner, revenue recovery

proceedings as well as proceedings for eviction will stand stayed. If

any of the above conditions are not complied with by the petitioner,

the respondent shall take steps to continue the revenue recovery

proceedings as well as to evict the petitioner.

(PIUS C.KURIAKOSE, JUDGE)

ks.

WP(C)No.1049/2008.

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WP(C)No.1049/2008.

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