IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13135 of 2009(J)
1. P.M.SCARIA,AGED 56 YEARS
... Petitioner
2. MARY SCARIA, W/O.P.M. SCARIA OF DO..DO..
Vs
1. THE STATE OF KERALA, REP. BY ITS
... Respondent
2. THE SECRETARY TO FINANCE
3. THE DIRECTOR OF TREASURIES
4. THE SUB TREASURY OFFICER
5. DASTHIKIR SAHIB
For Petitioner :SRI.JOHNSON MANAYANI
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :28/05/2009
O R D E R
V.GIRI,J.
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W.P ( C) No.13135 of 2009
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Dated this the 28th May,2009
J U D G M E N T
Petitioners claim that they had constructed a
building on the strength of the promise held out by the
Department of Treasury for the Sub Treasury Office,
Pathanapuram. Exhibit-P1 agreement was also executed
between the owners of the building and the 3rd
respondent, the Director of Treasuries by which building
was taken on lease by the Department for a period of
three years at a monthly rent of Rs.6704/-. It is
contended that Exhibit-P2 agreement was later renewed
for another three years as evidenced by Exhibit-P3 and it
has expired on 30.7.2007. According to the petitioners,
the rent was then fixed as Rs.9723/-. Petitioners’
complaint at this stage is that the respondents are taking
steps to shift the Sub Treasury to another building which
is situated about 200 meters away from their building.
Consequently the rent payable to them as arrears is
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Rs.2,43,075/-.
2. As regards the shifting of the Treasury office, it
is obviously the wisdom of the Government Department
which should prevail. But there is no reason why the
request made by the petitioner as per Exhibit-P5 before the
3rd respondent should not be looked into by him.
3. Accordingly, there will be a direction to the 3rd
respondent to consider Exhibit-P5 and take appropriate
decision thereon, within a period of two months from the
date of receipt of a copy of this judgment. In the
meanwhile, the actual arrears of rent due to the petitioners
shall be paid within the said time frame.
The writ petition is disposed of as above.
(V.GIRI,JUDGE)
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