Ani Bindhu vs State Of Kerala
2021 Latest Caselaw 13427 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                          WP(C) NO. 1938 OF 2021
PETITIONER:

              ANI BINDHU
              AGED 48 YEARS
              W/O BIMAL,
              PERUMBRAYIL HOUSE, ALUVA, ERNAKULAM-683101.

              BY ADVS.
              C.Y.VINOD KUMAR
              SRI.C.ANILKUMAR (KALLESSERIL)



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
              GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

     2        ALUVA MUNICIPALITY
              MUNICIPAL OFFICE, ALUVA, ERNAKULAM-683101, REPRESENTED BY
              ITS SECRETARY.



              BY ADV SRI.K.T.THOMAS
              BY GOVT. PLEADER SRI.RAVIKRISHNAN




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
               W. P. (C) No.1938 of 2021
          ==================
          Dated this the 28th day of June, 2021

                            JUDGMENT

Shop room bearing No.210 at the Nehru Park

Avenue, belonging to the second respondent Municipality, was taken on lease by the petitioner

in the year 2013. The petitioner has surrendered

the lease and has handed over the key to the

Municipality as is evidenced by Ext.P6. The request

of the petitioner is to re-fund the deposit amount

made by him with the second respondent, after

appropriating the arrears of rent. The learned

counsel for the petitioner submits that, while

calculating the arrears, the second respondent may

consider the fact that in view of the lock down

imposed consequent on the Covid-19 Pandemic, the

petitioner could not conduct business in the shop

room in question, and hence appropriate remission/

deduction in rent may also be granted. It is for

the petitioner, to make such a request before the

second respondent. It shall be open for the W. P. (C) No.1938 of 2021

petitioner to make a fresh request to the second

respondent Municipality for refund of the deposit

amount and also seeking remission of rent.

2. The writ petition is disposed of directing

that, if the petitioner makes an application

seeking remission of rent and for return of deposit

after adjustment of rent as noticed above, the same

shall be considered, orders passed and the balance

amount refunded, as expeditiously as possible and

at any rate within a period of two months from the

date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 1938/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE RENT AGREEMENT DATED 23/12/2013 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RENT AGREEMENT DATED 23/12/2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 25/07/2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 13/11/20 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 21.12.20 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE COVERING LETTER DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

-----