IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31072 of 2010(H)
1. SRI.PHILIP JOSE, THEKKANAT HOUSE
... Petitioner
Vs
1. THE KOTTAYAM MUNICIPALITY
... Respondent
2. THE SECRETARY, KOTTAYAM
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.SIBY MATHEW
The Hon'ble MR. Justice A.K.BASHEER
Dated :11/10/2010
O R D E R
A.K. Basheer, J.
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WP (C)No. 31072 of 2010
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Dated this the 11th day of October, 2010
Judgment
Petitioner is admittedly a licensee of one of the shop
rooms belonging to the respondents. Petitioner has been in
occupation of the said room on a monthly licence fee of
Rs.1323/-.
2. It is not in dispute that petitioner has committed
default in payment of the licence fee and the arrears
including sales tax, penal interest etc. have now
accumulated to Rs.76791/-, as reflected in Ext.P1 notice.
3. It is submitted by Sri.Mathew John, learned
counsel for the petitioner, that the licence fee fell in
arrears because of some unavoidable circumstances.
Petitioner is prepared to wipe off the arrears, provided he is
given some breathing time. Learned counsel submits that
petitioner will straight away remit a sum of Rs.15,000/-
and the balance in 5 monthly instalments.
4. But learned standing counsel for the Municipality
submits that the petitioner does not deserve any sympathy,
particularly since he is a chronic defaulter.
5. However having regard to the entire facts and
WPC.31072/2010. : 2 :
circumstances of the case, I am satisfied that the prayer
made above can be granted.
6. Petitioner shall remit a sum of Rs.15,000/- to the
Municipality on or before October 18, 2010 and the balance
amount in 5 equal monthly instalments, first of which shall
be remitted on or before November 18, 2010 and the
remaining instalments on or before the same date in the
following months. If the petitioner fails to remit the sum of
Rs.15,000/- or any of the 5 equal monthly instalments, it
will be open to the respondents to terminate the licence and
take possession.
7. The respondents shall hand over the key of the shop
room to the petitioner within one week from the date of
remittance of Rs.15,000/-.
Writ Petition is disposed of in the above terms.
A.K. Basheer
Judge.
an.