Biju P.M vs Corporation Of Thrissur
2021 Latest Caselaw 19180 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                        WP(C) NO. 18618 OF 2021
PETITIONERS:

    1     BIJU P.M.,
          AGED 42 YEARS
          S/O. MANI, RESIDING AT PONGANAMPARAMBIL HOUSE,
          MANNUTHY P.O., THRISSUR 680 651, ROOM NOS. S22, S44 AND
          S45, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD,
          THRISSUR DISTRICT 680 001.

    2     JOPHY MATHEW C,
          AGED 51 YEARS
          RESIDING AT CHIRIYANKANDATH, KANJANY ROAD,
          THRISSUR 680 003, ROOM NO. S8, SAKTHAN ARCADE,
          MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT 680 001.

    3     JOSE PULIKKATTIL,
          AGED 59 YEARS
          RESIDING AT PULIKKOTTIL HOUSE, P.O. ENGANDIYUR,
          THRISSUR 680 615, ROOM NO. S4, SAKTHAN ARCADE,
          MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT 680 001.

    4     BETTY JOSE,
          AGED 49 YEARS
          RESIDING AT PULIKKOTTIL HOUSE, P.O. ENGANDIYUR,
          THRISSUR 680 615, ROOM NO. S3 SAKTHAN ARCADE,
          MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT 680 001.

    5     BABY V.K.,
          AGED 49 YEARS
          RESIDING AT VADAKKELE HOUSE, P.O. CHIYYARAM, MAHATMA
          ROAD, THRISSUR 680 026, ROOM NO. ST2 SAKTHAN ARCADE,
          MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT 680 001.

    6     K.V. VENUGOPAL,
          AGED 57 YEARS
          RESIDING AT KANGHAGHAT HOUSE, P.O. VADAKKEKKAD,
          THRISSUR 679 562, ROOM NO. S7 SAKTHAN ARCADE,
          MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT 680 001.

    7     SHEEJA SIVADAS,
          AGED 54 YEARS
          RESIDING AT KALLUMPURATH VALAPPIL HOUSE, PIDAVANNOOR,
          MUKKUTHALA, THRISSSUR 679 574, ROOM NO.S2, SAKTHAN
          ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT 680001
 WP(C) NO. 18618 OF 2021

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     8      K.T. VASUDEVAN,
            AGED 64 YEARS
            RESIDING AT KUNNATHULLY HOUSE, P.O. CHIYYARAM,
            THRISSUR 680 026, ROOM NO. S6 SAKTHAN ARCADE,
            MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT 680 001.

     9      K.V. VINEESH,
            AGED 47 YEARS
            RESIDING AT KOCHATH HOUSE P.O., PULLAZHY OLARIKKARA,
            THRISSUR 680 012, ROOM NO. S27 SAKTHAN ARCADE,
            MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT 680 001.

     10     P.V. SUDHEESH,
            AGED 45 YEARS
            RESIDING AT PALLIPURAM HOUSE, CHERUVATHERY,
            CHEVOOR P.O. THRISSUR 680 027, ROOM NO. S19
            SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD,
            THRISSUR DISTRICT 680 001.

     11     ARUN M.S.,
            AGED 47 YEARS
            RESIDING AT MADAMBIKKATTIL HOUSE, AI. CIDBI CLARION,
            KUNNAMKULANGARA, THRISSUR 680 007, ROOM NO. S60
            SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD,
            THRISSUR DISTRICT 680 001.

            BY ADVS.
            K.B.GANGESH
            SMITHA CHATHANARAMBATH
            ATHIRA A.MENON


RESPONDENTS:

     1      CORPORATION OF THRISSUR,
            REP. BY ITS SECRETARY, THRISSUR 680 001.

     2      THE SECRETARY,
            CORPORATION OF THRISSUR, THRISSUR 680 001.

            SRI.SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18618 OF 2021

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                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) A writ of mandamus or any other appropriate writ, order of direction commanding the respondents to consider Ext.P5 request preferred by the petitioners on 06.09.2021 on merits and to provide adequate reliefs to them as prayed for therein.

(ii) A writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to refuse trade licenses to the petitioners on account of rent arrears and not to take any other coercive action against the petitioners for non payment of arrears of rent in respect of their respective shop rooms leased out from the 1st respondent till a final decision is arrived at by the respondents in Ext.P5 pending before them."

2. Heard the learned counsel for the petitioners and the learned

Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioners that the

petitioners are the person who had taken premises on rent in the

Sakthan Arcade adjacent to the Sakthan Thampuran Nagar Bus Stand. It

is submitted that, by Exts.P1, P3 and P4 orders, the Government has

permitted the respondent Corporation to grant concessions in the

monthly rent on account of the closure of the business due to the lock

down imposed during the COVID pandemic. It is submitted that Ext.P4

order dated 27.07.2021 permitted the Corporation to grant proportionate WP(C) NO. 18618 OF 2021

remissions in the rent for the period when the petitioners could not

operate their business on account of the lock down. It is submitted that

the Rule 4 of the The Kerala Municipality (Grant of Remission of Kists to

Lessees, Licensees and Contractors) Rules, 1998 also provides for such

remissions and the said Rule has been specifically referred to in Ext.P4

Government Order. It is submitted that the petitioners have preferred

Ext.P5 and similar representations before the 2 nd respondent and seek a

consideration thereof.

4. The learned Standing Counsel appearing for the Corporation

submits that the power granted for remission is with Corporation

Council and Ext.P4 also directs the consideration of claims for remission

by the Corporation Council. It is submitted that it is the Corporation

Council who is competent to consider the issue and therefore, the

representations, if any, submitted by the petitioners are liable to be

placed before the Council which shall consider the issue in accordance

with law.

5. In the above view of the matter, the writ petition is disposed of

with a direction to the Corporation Council of the 1 st respondent

Corporation to consider the request made by the petitioners as WP(C) NO. 18618 OF 2021

evidenced by Ext.P5 for the consideration of the claims for remission and

also for permission to pay off the arrears of rent in easy instalments on

the basis of Exts.P1, P3 and P4 Government Orders, taking note of the

present pandemic situation and the realities of the resultant economic

slow down. The petitioners shall make available a further copy of the

representations submitted by them before the 2 nd respondent for placing

before the Council within one week from today. Such representations

shall be placed before the Corporation Council within a period of three

weeks and the issue shall be considered and appropriate orders passed

within a month thereafter. Coercive steps for recovery of arrears of rent

pertaining to the pandemic period shall be kept in abeyance till then.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 18618 OF 2021

APPENDIX OF WP(C) 18618/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF GO NO. 1278/2020/LSGD DATED 29.06.2020.

Exhibit P2 TRUE COPY OF REPRESENTATION DATED 23.10.2020 PREFERRED BY THE PETITIONERS TO THE WORSHIPFUL MAYOR OF THE IST PETITIONER.

Exhibit P3 TRUE COPY OF GO NO.1015/2021/LSGD DATED 19.05.2021.

Exhibit P4 TRUE COPY OF GO NO.1410/2021/LSGD DATED 27.07.2021.

Exhibit P5 TRUE COPY OF THE REQUEST PREFERRED BY THE PETITIONERS TO THE 2ND RESPONDENT ON 06.09.2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT IN WPC NO.17591/2021 DATED 01.09.2021.

RESPONDENT'S/S EXHIBITS: NIL