Kerala High Court
Vivekanda Travels (P) Ltd vs Greater Cochin Development ... on 29 October, 2021
IN PRE BIGH COURT OF EERALA AT ERNARTLAN
BRESENT
FRIDAY, THE 29°" DAY OF OCTORER 2021 / 3TH RARTEIRA, 1945
WEES} NO. SRP OF 2038
YYYERANDA TRAVELS (P} LPD.,
R.P. BYELOINGS,. KALGAT ROAR, NOSHIRODE.,
REPRESENTED BY ITS MANAGING DIRECTOR, NARENDRAN
c., AGED 60, S/O. NARAYANAN NAIR RVC, SOUBBAOYA,
23/1985, KALLAT ©.O., KROSHTRODE-~873003.
BY ADVS.
NN, JAGATS
SRI. SALISN ANRAVINDARSHAN
RESPONDENT (5:
& GREATER COCHIN DSVELOPMENT ADTHORITY?
KRADAVANTRA, COCRIN-20, REERESENETED SY
SECRETARY, GORA, KADAVANTRA, COCHIN~2O0.
Bud
SECRETARY,
GREATER COCHIN DEVELORSMENT AUTHORTTY,
RADAVANTRA, COCHIN-20.
SY¥ AOVS.
SRIF. ANTYAN
SMT. V. RENOD
SME PRINS NAIR
QESER PRESENT:
SRI .VIPIN.E VARGHESE, SC
THIS WRIT PETITION {CIVIL} HAVING CONE UP POR
BOMISSTON ON 29.20.2021, TRE COURT ON TRE SAME DAT
DELIVERED TRE FOLLOWING:
WIRED No, S87 F af 2019
BP. V.KUN HERRISHNAN, J.
WEAC) No. S877 of 2019-4
Dated this the 29" day of October, 2021
JUDGMENT
The above wril petition is Med with following prayers.
sh call for the records from the respondents that
resulted im the issuance of Ext.P2 invoice and is-
suc a writ of certiorari ar such other appropriate
writ quashing the unfair hike in room rent of the
pelifioner's shop room.
U Grant such other appropriate writ order or direc-
tion of this Hon'ble Court may deem fff and
proper fo meet the ends of justice.
In, Allow this writ petition with costs
2. When tins matter came up for consideration. the
matter was referred for mediation. Today, the Nexlal Officer
forwarded the mediation report along with the memorandum
of agreement signed by both parties. [fis submitted that the
matter is seffled and The writ petition can be closed recording
fhe setilernent.
Therefore, this writ petition is closed as setfled in the light
W PLC) No. SBTT af 2016
of the memorandum of agreement dated 28.03.2021 signed by
all the parties.
The memorandum of agreement will form part of the
Judement.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
WEIC) No, S877 oF 2019
PETIPIONER EXETETTS
EXRIBIT Bi TRUR COPY OF TEE LEASE DEEN
NO. 279 /2018 OF DATED 16/02/3015.
ERRIRIT B2 THE TROE COPY OF INVOICE NOQ.RY S78L
TSSUBR BY TRE IST DATED Ov SLi /ssoie.
EXSIRIT BS TER TRUE COPY OF RECEIPT NG. 6739 DATED
LESOLS2029 .
Coudt . ce Phan ll &)
ERNAKU LAM I
(HIGH Cou JRT r HALL)
a feor. above SEL, i HIgh . Lik |
EMC) Reg. ona oe
From
The} Nodal Officer, ee
2 Bigh Court Mediation Centre.
ne ?
"The Registrar Gudicial),
_ High Court of Kerala.
Emakulam
Sir,
- Sub:- Mediation of 'referred Eases - Reg,
aL Le yy {
Ref:- Referral | Order in. WSO Cot t) A A <
dated 4 slalom the Hon'ble Hig h Court of Kersia.
SO
a
The report of the Mediator in the matter along with the
ericiosures is furnished herewith fori information and Necessary action.
Yours faithfully,
MA _ mo
a :
ees
Nod! Officer.
Ernakulam Mediation Centre
gnch 1. Report of the Madiator, Settlement Agreement."
Ne Copy of referral order dated . iotierereee Gawd the High Courtof Rerala.
3. Gapy oF Petition.
BEFORE THE HONOURABLE HIGH COURT
OF KERALA AT ERNAKULAM
W.P.(C). No.5877/2019
Vivekananda Travels : Petitioner
Greater Cochin Development Authority: Respondent
REPORT SUBMITTED BY THE MEDIATOR
ADV. RAZIYA P.A.
Mediated, matter is settled,
Terms and conditions are attached herewith,
Ah
Dated this the > day of S84 2021,
\ \ ~ my awn
Adv. Raziya PA.
Mediator
Ernakulam Mediation Centre
BEFORE THE HONOURABLE HIGH COURT
OF KERALA AT ERNAKULAM
W.P(C). No.5877/2019
Vivekananda Travels : Petitioner
VS.
Greater Cochin Development Authority ° Respondent
MEMORANDUM OF AGREEMENT UNDER SECTION 89
OF THE CODE OF CIVIL PROCEDURE READ WITH
RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE
(MEDIATION), RULES, 2008:
1. Both parties hereby agree that the rent is fixed at the
rate of Rs 23/Sq.ft per month from 23/03/2021. The rent
Py
will increase @ 5% In every year from this date.
a 2, Both parties further agree that all other conditions in the
rental agreement between the petitioner and respondent
will continue, Both the parties agree that a fresh lease deed
shall be executed within 3 months.
3. Petitioner agrees to pay the difference between GST paid
by GCDA on the enhanced rent demanded by GCDA and the
GST collected from the petitioner if any ti} the date of
interim order dated 27/02/2019 was passed by the Hon'ble
Court of Kerala.
De
4. Petitioner agrees to pay the rent arrear if any within
3 months from this date. However, the exemption on rent
granted due to Covid-19 shall be granted to the petitioner.
3. In violation of the conditions as stated above any of the
reved party can approach before the Court for
executing the decree passed in the above case.
6. Both the parties agrees that the above case may be
disposed of in terms of the compromise agreement without
cost to either parties.
Dated this the 23" day of March, 2021,
Petitioner
7 . * SMSS SES
Greater Cochin Developm
SNA a ae &
ah oo af , ~ Ge ' s . roi fge "
on é PLA Og VD AAS * i " fey . i y Brus
Coungel for the Petitioner Counsel for the Respandent
f
Ane? YF RPS >
,
