V.B.Sidil Kumar vs The Travancore Devaswom Board
2021 Latest Caselaw 8547 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

                                  &

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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

                       WP(C).No.4089 OF 2021(I)


PETITIONER:

               V.B.SIDIL KUMAR, AGED 50 YEARS
               S/O. BALAN, VIPPATTU HOUSE, KALADY P.O.,
               ERNAKULAM DISTRICT,PIN-683 574

               BY ADV. SRI.ARUN SAMUEL

RESPONDENTS:

      1        THE TRAVANCORE DEVASWOM BOARD
               REPRESENTED BY ITS SECRETARY, NANTHANCODE,
               KAWDIAR P.O., THIRUVNANTHAPURAM,PIN-695 003

      2        THE DEVASWOM COMMISSIONER,
               TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
               KAWADIAR P.O., THIRUVNANTHAPURAM,PIN-695 003

      3        THE ASSISTANT DEVASWOM COMMISSIONER,
               PARAVOOR GROUP, TRAVANCORE DEVASWOM BOARD,
               NANTHANCODE, KAWADIAR P.O.,
               THIRUVNANTHAPURAM,PIN-695 003

               R1-3 BY ADV. SRI.G.SANTHOSH KUMAR, SC TDB.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.4089 of 2021              2




                               JUDGMENT

Ravikumar, J.

The petitioner who is the lessee in respect of an

auditorium in the name of the first respondent by name "Poorna"

filed this writ petition seeking the following reliefs:-

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent to positively consider and pass order on Ext.P5 within a time frame as stipulated by this Hon'ble Court.

ii) Issue any other appropriate writ, order or direction, as the petitioner may seek and this Hon'ble Court deems fit, in the facts and circumstances of the case and allow this petition with all costs."

2. It is the contention of the petitioner that pursuant to

the receipt of Ext.P3 he paid an amount of Rs.1,57,257/- and

thereby, in fact, he had effected over payment. In such

circumstances, he is entitled to get refund of the excess amount,

it is further contended. Various other contentions were also

raised by the petitioner. He also seeks for extension of the lease

period. Raising such claims and contentions he filed Ext.P5

representation before the third respondent, the Assistant

Devaswom Commissioner, Travancore Devaswom Board. It is

dated 30.1.2021. It is the delay in the matter of consideration of

Ext.P5 and refusal to refund the alleged excess payment that

constrained the petitioner to approach this Court by filing the

captioned writ petition.

3. The learned Standing Counsel, on instructions,

submitted that Ext.P5 was taken up for consideration and it was

rejected. The learned counsel for the petitioner would submit that

the petitioner is totally unaware about the disposal of Ext.P5 and

at any rate, the order passed on Ext.P5 was not communicated to

the petitioner. When the submission is that Ext.P5 was already

considered and rejected we are of the considered view that in

case the petitioner is aggrieved by Ext.P5 he has to challenge the

same, in accordance with law. Without successful challenge

against the same the petitioner would not be entitled to the reliefs

sought for, in this writ petition. In that view of the matter, with

liberty to the petitioner to challenge the order passed on Ext.P5

this writ petition is closed. In case the order passed on Ext.P5 is

not already communicated by the 3rd respondent to the petitioner

the same shall be communicated to the petitioner within a period

of one week. We also make it clear that all the legal contentions

available to the petitioner are left open.

Sd/-

C.T.RAVIKUMAR Judge

Sd/-

MURALI PURUSHOTHAMAN Judge

TKS

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LEASE AGREEMENT DATED 31.01.2019 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 17.12.2020 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 30.01.2021 ISSUED BY THE SUB GROUP OFFICER, PUTHOORPPILLY OF THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P4 A TRUE COPY OF THE RECEIPT DATED 30.01.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 30.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

TKS