Sajudheen C.V vs Corporation Of Kozhikode
2022 Latest Caselaw 1782 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                         WP(C) NO. 31450 OF 2017


PETITIONER:

              SAJUDHEEN C.V.,
              AGED 43 YEARS, S/O V.P. ALAVI,
              'MILAN' ODUMBRA ROAD,
              THIRUVANNUR.P.O,
              KOZHIKODE DISTRICT.

              BY ADV SRI.S.K.SAJU



RESPONDENTS:

     1        CORPORATION OF KOZHIKODE
              REPRESENTED BY ITS SECRETARY
              CORPORATION OFFICE KOZHIKODE,
              PIN-673001

     2        THE SECRETARY
              CORPORATION OF KOZHIKODE
              CORPORATION OFFICE KOZHIKODE,
              PIN-673001.

              BY ADV SMT.BINDUMOL JOSEPH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31450 OF 2017
                                     2




                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No. 31450 of 2017
              --------------------------------------------
             Dated this the 16th day of February, 2022

                                    JUDGMENT

The prayer in this writ petition is to grant 24 months time to

the petitioner to pay the rental amounts outstanding for

occupation of a shop room belonging to the respondents. At the

time of admission, this Court had granted a stay of proceedings

pursuant to Exts.P4 & P8 on condition that the petitioner pays an

amount of ₹50,000/-. The interim stay was to be in force for a

period of two months. It is seen that the interim order was not

extended thereafter. However, the petitioner continued to be in

possession for the past 5 years, without any further payment.

2. Even when the case is taken up today, the learned

counsel for the petitioner is not in a position to submit whether the

petitioner will be able to pay the amounts due. Respondents have

filed a petition stating that a total amount of ₹33,87,739/- is due

as on 24.01.2022.

WP(C) NO. 31450 OF 2017

In the light of the above facts, I do not think there is any

purpose served by keeping this writ petition pending and

increasing the liability of the petitioner towards the respondents.

The writ petition is hence dismissed. The respondents are free to

take further action on Exts.P4 & P8 notices in accordance with law.

The dismissal of the writ petition is without prejudice to the

petitioner approaching the respondents 1 & 2 for any relief

regarding the amounts in arrears.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 31450 OF 2017

APPENDIX OF WP(C) 31450/2017

PETITIONER'S EXHIBITS

EXHIBT P1 TRUE COPY OF THE APPLICATION DATED 15/3/2017 SUBMITTED BY MRS. MERCY MOHAN TO THE 2ND RESPONDENT.

EXHIBT P2 TRUE COPY OF THE APPLICATION DATED 15/3/2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBT P3 TRUE COPY OF THE LETTER DATED 18/5/2017 ISSUED BY THE DY. SECRETARY OF THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBT P4 TRUE COPY OF THE NOTICE DATED 19/6/2017 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBT P5 TRUE COPY OF THE RECEIPT DATED 5/7/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBT P6 TRUE COPY OF THE RECEIPT DATED 5/8/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBT P7 TRUE COPY OF THE RECEIPT DATED 5/7/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBT P8 TRUE COPY OF THE NOTICE DATED 21/7/2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

WP(C) NO. 31450 OF 2017

EXHIBT P9 TRUE COPY OF THE RECEIPT DATED 18/9/2017 ISSUED BY THE 2ND RESPONDENT SHOWING THE RECEIPT OF THE PETITIONER'S REPRESENTATION.