IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22875 of 2008(W)
1. M/S. SREEKRISHNA VILASAM NSS KARAYOGAM
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR OF INDIAN SYSTEMS OF
3. THE SENIOR MEDICAL OFFICER,
4. CHENGANNUR MUNICIPALITY REP. BY ITS
5. THE SUB TREASURY OFFICER,
For Petitioner :SRI.S.ABHILASH
For Respondent :SRI.S.HARIKRISHNAN, SC, MC, CHENGANNUR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :26/08/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.22875 of 2008
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Dated this the 26th day of August, 2009
J U D G M E N T
The petitioner is the owner of a building which has been let out
to the 4th respondent-Municipality. The complaint of the petitioner in
this writ petition is that the rent due from the 4th respondent is not
being paid. The petitioner, therefore, seeks the following reliefs:
“(i) Issue a writ of mandamus or other appropriate writ, order or
direction commanding the respondents to draw and disburse the
revised monthly rent @ Rs.5,000/- p.m. w.e.f. 20.4.1997 to
19.4.2000 as sanctioned vide Ext.P5 G.O. along with the arrears of
rent for the last 11 years from 20.4.1997 onwards till date, as
expeditiously as possible.
(ii) Issue a writ of mandamus directing the 1st respondent to sanction
the recommended revision of rent @ Rs.3524/- p.m. w.e.f.
20.4.1994 to 19.4.1997 as evident from Ext.P1 rent certificate and
Ext.P3 Communication and to direct all the respondents to release
the arrears of rent rising thereof for the last 14 years since
20.4.1994 till date within a short time limit.
(iii) Issue a writ of mandamus directing the respondents 2, 4 and 5 to
release the regular monthly rent of the rented buildings of the
petitioner @ Rs.3,200/- p.m. as fixed earlier w.e.f. October 2007
to till date, as expeditiously as possible.
(iv) Grant such other reliefs to be granted by this Hon’ble Court.
(v) grant the cost of this Original Petition.”
2. In I.A.No.13030/2008, this Court passed the following
order on 20.10.2008.
“Learned counsel for the Chengannur Municipality seeks time to file
a counter affidavit. In the meanwhile it is assured that the current rent at
the rate of Rs.3200/- per month shall be paid along with the arrears
thereon from October, 2007 within two weeks from today and it shall be
continued to be paid as and when it becomes due.”
2
This Court again passed another order on 10.12.2008 as follows.
“Having heard the counsel on both sides, there will be a direction to the
4th respondent to see that the amount due to the petitioner by way of
revised rent pursuant to Ext.P5 Govt order is actually paid with arrears,
on or before 15.1.2009. Post in the last week of January, 2009.”
3. A counter affidavit has been filed by the 4th respondent, in
which, the liability to pay the rent is not disputed. Pursuant to the
interim orders, arrears have been released. In the above
circumstances, this writ petition is disposed of in terms of the interim
orders with a further direction that the 4th respondent shall continue to
pay the rent every month without default.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge