IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24486 of 2003(M)
1. ANTHAPPAN VAKKACHAN, PANEKKAD HOUSE,
... Petitioner
2. N.M.MOHAMMED, KOPPANDICHERY HOUSE,
3. K.A.ROBERT, KURITHARA HOUSE,
4. P.A.XAVIER,
5. O.V.SHAJI, S/O.O.K.VASU, OLIPPARAMBIL
6. K.C.XAVIER, S/O.CHACKO, KAVALAMTHARA
Vs
1. CORPORATION OF COCHIN, REPRESENTED
... Respondent
2. SECRETARY, CORPORATION OF COCHIN,
3. REVENUE OFFICER, CORPORATION OF COCHIN,
For Petitioner :SRI.A.V.XAVIER
For Respondent :SRI.V.M.KURIAN(JR),SC COCHIN CORPORATION
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :29/10/2008
O R D E R
KURIAN JOSEPH, J.
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W.P(C) Nos.24486, 28735, 28883,
35639 & 40532 of 2003,
12860 and 12861 of 2004
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Dated this the 29th day of October, 2008
JUDGMENT
Petitioners approached this court aggrieved by the
retrospective enhancement of rent. By interim orders issued by
this court the respondents have been directed to permit the
petitioners to renew the licence and enter a fresh agreement
giving prospective operation of the impugned decision from the
date of the issuance of the demand notice. It is settled law that
there cannot be any retrospective revision of the rent. There is
no case for the petitioners that rent is in arrears. Apparently the
respondents are also convinced that it is not possible to
retrospectively revise the rent since the rent is being paid based
on the periodic agreements executed by the petitioners.
Therefore, the writ petitions are disposed of in terms of the
interim orders.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
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W.P(C)Nos.24486, 28735, 28883,
35639 & 40532 of 2003,
12860 and 12861 of 2004
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JUDGMENT
29th October, 2008