Anil Kumar T.P vs Aluva Municipality
2021 Latest Caselaw 3332 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.2379 OF 2021(V)


PETITIONERS:

      1        ANIL KUMAR T.P.
               AGED 22 YEARS
               S/O.THAMPI P.S., G.T.N FAMILY QUARTERS,
               CHUNAGAMVELY, ALUVA, ERNAKULAM.

      2        JINTO P.D.
               AGED 42 YEARS
               S/O.DEVASSYKUTTY, PALLUPETTA VEEDU,
               MANIKKAMANGALAM, ALUVA, ERNAKULAM.

      3        REMY JOSE
               AGED 60 YEARS
               S/O.PETER, PULIYANKUNNEL HOUSE, ERUMALATHA, ALUVA,
               ERNAKULAM.

      4        SAVITHA SALIM
               AGED 37 YEARS
               D/O.SALIM, KIZHAKKAN HOUSE, PINJASSERY, ALUVA,
               ERNAKULAM.

               BY ADVS.
               SRI.RAFEEK. V.K.
               SRI.U.M.HASSAN
               SMT.P.PARVATHY
               SMT.SURYA P SHAJI
               SHRI.MANAS P HAMEED
               SMT.AATHIRA SUNNY
               SHRI.ELDHO.N.MONCY

RESPONDENTS:

      1        ALUVA MUNICIPALITY
               REP.BY ITS SECRETARY, ALUVA, ERNAKULAM 683 101

      2        THE SECRETARY
               ALUVA MUNICIPALITY, ALUVA, ERNAKULAM 683 101

               BY ADV.SRI.RAFEEK V.K,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.2379 of 2021               2



                               JUDGMENT

The petitioners, who is faced with Ext.P4 demand notice for

arrears of rent, have preferred Ext.P5 representation before the 2 nd

respondent pointing out that a major part of the period for which rent is

demanded was when the pandemic situation prevailed in the State. The

limited prayer at this stage is for a direction to the 2 nd respondent to

consider Ext.P5 representation seeking waiver of the arrears and to keep

in abeyance the recovery proceedings, till then.

2. I have heard the learned counsel for the petitioners and the

learned Standing counsel for the respondents.

On a consideration of the facts and circumstances of the case and

the submissions made across the Bar, I dispose the writ petition with a

direction to the 2nd respondent to consider and pass orders on Ext.P5

representation within two months from the date of receipt of a copy of

this judgment, after hearing the petitioners. Recovery steps for recovery

of amounts demanded from the petitioners by Ext.P4 demand notice

shall be kept in abeyance till such time as orders are passed by the 2 nd

respondent as directed and the order communicated to the petitioners.

The petitioners shall produce a copy of the writ petition together with a

copy of the judgment before the 2nd respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE mns/29.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF LICENSE OF THE PETITIONERS

EXHIBIT P2 TRUE COPY OF ORDER DATED 24.11.2020 ISSUED BY THE DISASTER MANAGEMENT (A) DEPARTMENT, GOVERNMENT OF KERALA

EXHIBIT P3 TRUE COPY OF REPRESENTATIONS DATED 29.6.2020 AND 18.8.2020 SUBMITTED BY THE 1ST AND 5TH PETITIONERS RESPECTIVELY BEFORE THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF NOTICES DATED 6.1.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 14.1.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE