Viswaprabha N vs Sreekandapuram Municipality
2022 Latest Caselaw 785 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                        WP(C) NO. 1443 OF 2022
PETITIONERS:

    1     VISWAPRABHA N
          AGED 49 YEARS
          S/O. NARAYANAN NAIR, KANNNAKARA HOUSE, KOTTOOR,
          SREEKANDAPURAM P.O.,KANNUR-670 631

    2     HAMEEDKUTTY.A.M.,
          AGED 55 YEARS
          S/O. ABDURAHIMAN, EXCEL APARTMENTS, KOTTOOR,
          SREEKANDAPURAM P.O., KANNUR-670 631

          BY ADV MANAS P HAMEED



RESPONDENTS:

    1     SREEKANDAPURAM MUNICIPALITY
          REPRESENTED BY ITS SECRETARY, SREEKANDAPURAM,
          SREEKANDAPURAM P.O., KANNUR-670 631

    2     THE SECRETARY,
          SREEKANDAPURAM MUNICIPALITY, SREEKANDAPURAM,
          SREEKANDAPURAM P.O., KANNUR-670 631


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.1443 OF 2022

                                    2


                              JUDGMENT

Dated this the 17th day of January, 2022

Petitioners, who are faced with Exhibits P6 and

P6(a) demand notices for arrears of rent, have preferred

Exhibit P3 representation before the 2nd respondent

pointing out that a major part of the period for which

rent is demanded was when the pandemic situation

prevailed in the State. The limited prayer at this stage is

for a direction to the 2nd respondent to consider Exhibit

P3 representation seeking waiver of the arrears and to

keep in abeyance the recovery proceedings, till then.

2. I have heard the learned counsel for the

petitioners and the learned Standing Counsel for the

respondents.

3. On a consideration of the facts and

circumstances of the case and the submissions made

across the Bar, I dispose the writ petition with a direction

to the 2nd respondent to consider and pass orders on

Ext.P3 representation within two months from the date

of receipt of a copy of this judgment, after hearing the WP(C) NO.1443 OF 2022

petitioners. Recovery steps for recovery of amounts

demanded from the petitioners by Exhibits P6 and P6(a)

demand notices shall be kept in abeyance till such time

as orders are passed by the 2 nd respondent as directed

and the order communicated to the petitioners.

Petitioners shall produce a copy of the writ petition along

with a copy of the judgment before the 2 nd respondent

for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/17/1 WP(C) NO.1443 OF 2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF LICENSE DATED 07.09.2021 ISSUED FROM THE 1ST RESPONDENT MUNICIPALITY IN FAVOUR OF THE 1ST PETITIONER

Exhibit P1A TRUE COPY OF LICENSE DATED 25.11.2020 ISSUED FROM THE 1ST RESPONDENT MUNICIPALITY IN FAVOUR OF THE 2ND PETITIONER

Exhibit P2 TRUE COPY OF ORDER NUMBERED AS G.O.NO.115/2021/FIN DATED 30.09.2021 ISSUED BY THE DEPARTMENT OF FINANCE (INDUSTRIES & PW-A) GOVERNMENT OF KERALA

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONERS ALONG WITH OTHER SMALL SCALE ENTREPRENEURS HOLDING COMMERCIAL ROOMS OF SREEKANDAPURAM MUNICIPALITY SHOPPING COMPLEX

Exhibit P4 TRUE COPY OF ORDER NUMBERED AS G.O.

NO.261/2021/LSGD DAD 06.11.2021 ISSUED BY THE DEPARTMENT OF LOCAL SELF GOVERNMENT (R.C) GOVERNMENT OF KERALA

Exhibit P5 COPY OF RELEVANT PAGES OF THE WRIT PETITION IN WPC NO.24929 OF 2021 FILED BY THE PETITIONERS BEFORE THIS HONOURABLE COURT

Exhibit P6 TRUE COPY OF DEMAND NOTICE DATED 03.01.2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER

Exhibit P6A TRUE COPY OF DEMAND NOTICE DATED 03.01.2022 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER

Exhibit P7 TRUE COPY OF REPRESENTATION DATED 11.01.2022 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL