Muhammed Asharaf K.K vs The State Of Kerala
2021 Latest Caselaw 8450 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                      WP(C).No.18286 OF 2020(I)

PETITIONER:

               MUHAMMED ASHARAF K.K.
               AGED 60 YEARS
               S/O.ABDURAHIMAN MUSLIYAR, KALLANKADAVAN HOUSE,
               VILAYIL PARAPOOR, VILAYIL P.O., MALAPPURAM DISTRICT.

               BY ADV. SRI.BABU S. NAIR

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
               DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT,
               TRIVANDRUM, PIN - 695 001.

      2        THE DISTRICT REGISTRAR
               MALAPPURAM, PIN - 676 505.

      3        THE DISTRICT COLLECTOR
               CIVIL STATION, MALAPPURAM, MALAPPURAM DISTRICT, PIN -
               676 505.

      4        THA TAHSILDAR, KONDOTTY TALUK
               MALAPPURAM DISTRICT, PIN - 673 638.

      5        THE SUB REGISTRAR
               SUB REGISTRAR'S OFFICE, VAZHAKKAD, CHERUVAYOOR P.O.,
               MALAPPURAM DISTRICT, PIN - 673 645

      6        THE ASSISTANT ENGINEER
               PWD (BUILDINGS) SECTION, KONDOTTY, MALAPPURAM
               DISTRICT, PIN - 673 638.

      7        ADDL.R7.INSPECTOR GENERAL OF REGISTRATION,
               THIRUVANANTHAPURAM.
               IS SUO MOTU IMPLEADED AS PER ORDER DATED 04-02-21 IN
               WP(C).


               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18286 OF 2020(I)

                                            2




                             JUDGMENT

Dated this the 15th day of March 2021

This writ petition was filed aggrieved by

the delay in fixing the rent in respect of

the building which is rented out by the

petitioner to the 5th respondent. Even though

the sub registrar's office has been

functioning in the petitioner's building from

09.12.2002 onwards, the petitioner is yet to

receive any rent for the same. This writ

petition was filed on 07.09.2020 seeking the

following directions;

"i) Issue a writ of mandamus or any other appropriate writs, orders or directions th commanding the 4 respondent to issue valuation certificate of the building of the petitioner for the bifurcated periods as required in Exhibit P11 issued by the 5th respondent;

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to fix the rent for the building owned by the petitioner and rented out to the government and pay the same for a period from 9-12-2002 till date, without any further delay;

WP(C).No.18286 OF 2020(I)

iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. On the basis of innumerable interim

orders passed on 23.09.2020, 22.10.2020,

26.11.2020, 16.12.2020, 08.01.2021 and

04.02.2021, the proceedings have now reached

the additional 7th respondent. As at present,

the instructions received by the learned

Government Pleader is that financial sanction

has to be obtained from Government for the

payment.

3. Therefore, the writ petition is

disposed of with a direction to the

additional 7th respondent, who was already

directed to expedite the proceedings for

fixation of rent and payment of the same to

the petitioner as per order dated 04.02.2021,

to get the financial sanction from the

Government at the earliest for which the 1st

respondent shall also take action and to see

that the payment is made to the petitioner WP(C).No.18286 OF 2020(I)

within a period of six weeks from the date of

receipt of a copy of the judgment,

notwithstanding the declaration of election.

The claim of the petitioner for interest is

left open.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.18286 OF 2020(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, VAZHAKKAD GRAMA PANCHAYATH DATED 10/5/2018.

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED NIL.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED TO THE 5TH RESPONDENT BY THE 6TH RESPONDENT DATED 1/10/2019.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY TAHSILDAR, KONDOTTY DATED 12/9/2018, CERTIFYING THE VALUE OF THE LAND.

EXHIBIT P5 TRUE COPY OF THE NON-AVAILABILITY CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO TH SUB REGISTRAR, DATED 22/11/2018.

EXHIBIT P6 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF ROOM NO.VP-11/1967 ISSUED BY THE SECRETARY, VAZHAKKAD GRAMA PANCHAYATH DATED, 9/11/2018.

EXHIBIT P7 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF ROOM NO.VO-11/1967A ISSUED BY THE SECRETARY, VAZHAKKAD GRAMA PANCHAYATH DATED, 9/11/2018.

EXHIBIT P8 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF ROOM NO.VP-11/1978 ISSUED BY THE SECRETARY, VAZHAKKAD GRAMA PANCHAYATH DATED, 9/11/2018.

EXHIBIT P9 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF ROOM NO.VP-11/1978A ISSUED BY THE SECRETARY, VAZHAKKAD GRAMA PANCHAYATH DATED 9/11/2018.

EXHIBIT P10 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VAZHAKKAD VILLAGE DATED, WP(C).No.18286 OF 2020(I)

11/11/2018.

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT DT, 5/10/2019.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE