Suresh P. A vs The Kottayam Municipality
2021 Latest Caselaw 23160 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021/3RD AGRAHAYANA, 1943
                         WP(C) NO.20867 OF 2021
PETITIONER :-

             SURESH P. A., AGED 52 YEARS
             S/O. APPU, PANTHAYIL HOUSE, PUTHUPPALLY,
             PUTHUPPALLY VILLAGE AND P. O., KOTTAYAM TALUK,
             MOB - 9048657075.

          BY ADVS.
          P.K.MURALEEDHARAN
          C.DEVANAND


RESPONDENTS :-

     1       THE KOTTAYAM MUNICIPALITY
             REPRESENTED BY THE MUNICIPAL SECRETARY,
             OFFICE OF THE KOTTAYAM MUNICIPALITY,
             KOTTAYAM P. O., KOTTAYAM, PIN - 686 001.

     2       THE REVENUE INSPECTOR
             KOTTAYAM MUNICIPALITY,
             OFFICE OF THE KOTTAYAM MUNICIPALITY,
             KOTTAYAM P. O., KOTTAYAM, PIN - 686 001.

             BY ADV SRI.SIBY CHENAPPADY, SC, KOTTAYAM
             MUNICIPALITY


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.11.2021,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.20867 OF 2021

                                      -: 2 :-


                               JUDGMENT

Dated this the 24th day of November, 2021

This writ petition is filed seeking the following reliefs :-

"(i) Issue a writ of certiorari or any other appropriate writ or order quashing Ext.P3 and P5 demand cum closure notice issued to the petitioner by the respondents as arbitrary, illegal, vitiated by malafides and against the principles of natural justice.

(ii) Issue any writ or order declaring that the petitioner is entitled for continuous occupation of the shop room/ business stall allotted to him under the rehabilitation scheme approved by the municipality.

(iii) Issue any writ or order directing the respondents to execute and implement all the terms and conditions in Ext.P2 resolution as part of the establishment of the new vegetable market at Kodimatha under the rehabilitation project.

(iv) Issue any writ or order directing the respondents to allow the petitioner to pay off the balance security deposit as per Ext.P3 in instalments without interest or penal interest in the circumstances of the Covid-19 pandemic and the business loss caused to the petitioners thereby considering the moratorium declared by the Government.

(v) Issue any writ or appropriate orders directing the respondents to implement the measures resolved by the Municipal council under Ext.P2 under the supervision of the monitoring committee constituted there under, time bound as may be found fit and proper by this Hon'ble Court."

WP(C) NO.20867 OF 2021

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent

Municipality.

3. The learned counsel for the petitioner submits that the

petitioner is a tenant occupying a business stall in the Kodimatha

Vegetable Market of the Kottayam Municipality. It is submitted

that the stalls had been shifted from the old market on specific

conditions as provided in Ext.P2, but, the conditions had not been

complied with by the Municipality. It is further submitted that the

petitioner has been required to pay large amounts as rent and

licence fees without compliance with the conditions in Ext.P2.

4. The learned counsel appearing for the Municipality

submits that a reading of Ext.P3 notice would itself show that the

demand is not of rent or licence fee and that what is demanded is

only the arrears of security deposit due for the allotment of the

stall to the petitioner. It is contended that there is absolutely no

bona fides in requiring further time and that the request in that

regard had been considered and rejected by Ext.P5.

5. Having heard the learned counsel on either side and

having considered the contentions raised by the learned counsel

for the petitioner with regard to financial stringency, I am of the WP(C) NO.20867 OF 2021

opinion that some time is liable to be granted to pay off the

amounts as demanded by Ext.P3 with interest up-to-date.

There will, accordingly, be a direction to the

respondents to permit the petitioner to pay off the amounts

covered by Ext.P3 with up-to-date interest in five equal monthly

instalments. The first of such instalments shall be due on the 15 th

of December, 2021 and the balance instalments shall be due on the

corresponding days of the subsequent months. In case the

petitioner makes the payments specifically as directed above,

further coercive proceedings against the petitioner on the strength

of Ext.P3 notice shall stand kept in abeyance. However, it is made

clear that in case the petitioner makes default in payment of any

one of the instalments as directed above, further coercive action

can be taken, in accordance with law, by the respondents. The

respondents shall give a statement of the amounts due from the

petitioner to him within two weeks from today.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/24.11.2021 WP(C) NO.20867 OF 2021

APPENDIX OF WP(C) 20867/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RECEIPT OF MONTHLY RENT/ LICENSE FEES FOR STALL NO.73 DATED 13.07.2021.

Exhibit P2 A TRUE COPY OF THE RESOLUTION OF THE MUNICIPALITY REGARDING DECISION OF THE CONDITIONS OF AMENITIES TO BE PROVIDED IN THE NEW MARKET WITH COVERING LETTER DATED 08.04.2021.

Exhibit P3 A TRUE COPY OF THE DEMAND CUM CLOSURE NOTICE DATED 29.04.2021.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 07.07.2021 TO THE MUNICIPAL SECRETARY.

Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE DATED 18.09.2021.