IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 695 of 2008(G)
1. KHALID.M.H.,AGED 27 YEARS
... Petitioner
2. P.A.KUTTAPPAN,
Vs
1. THRISSUR CORPORATION,REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.RENJITH THAMPAN
For Respondent :SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :06/02/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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W.P.(c).No.695 OF 2008
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Dated this the 6th day of February, 2008
JUDGMENT
The grievance of the petitioners who had successfully bid for
two rooms in Ollukkara market belonging to Thrissur Corporation
is that, even though security deposit and advance rent were
remitted by them respectively against Ext.P1 series of receipts
and agreements were also executed by them as directed by the
Corporation, the Corporation has not handed over the rooms so as
to enable them to carry on business. The Corporation has filed a
detailed counter affidavit wherein it is alleged that there was
delay on the part of the petitioners in remitting security deposits
and advance rents. Further it is conceded that though belatedly
security deposits and advance rents were remitted by the
petitioners and agreements were also executed, it is contended
that though the petitioners were directed to collect the keys of
the rooms, they have not collected the keys.
2. I have heard the submissions of Sri.Ranjith Thampan,
learned counsel for the petitioners and Sri.K.B.Mohandas, learned
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standing counsel for the Corporation. Sri.Ranjith Thampan
submitted that the version of the Corporation that the petitioners
did not collect the keys though they were asked to do so is highly
improbable and I find merit in the above submission.
Sri.K.B.Mohandas submits that the idea of the petitioner is to
carry on some business other than what is permitted. Having
received the security deposits as well as advance rents and
having obtained the agreements from the petitioners as directed
by the Corporation, the Corporation is bound to hand over the
rooms covered by Exts.P1 and P1(a) to the respective petitioners.
I allow the writ petition and direct the Corporation to hand over
the rooms covered in Exts.P1 and P1(a) to the respective
petitioners immediately and at any rate within two weeks of
receiving a copy of this judgment. If the petitioners carry on any
unauthorised activity in the rooms, they can take action in
accordance with law.
PIUS.C.KURIAKOSE
JUDGE
sv.
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