E.X.Titus vs Kochi Municipal Corporation
2023 Latest Caselaw 3479 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                         WP(C) NO. 39111 OF 2022
PETITIONER:

              E.X.TITUS
              AGED 60 YEARS
              ETTURUTHIL HOUSE, TOC-H ROAD, KOCHI (PROPRIETOR, PRINCY
              TOURS AND TRAVELS, ROOM NO. 1, CORPORATION SHOPPING
              COMPLEX, VYTTILA JUNCTION, KOCHI- 682021)., PIN - 682019

              BY ADVS.
              ABRAHAM P.GEORGE
              M.SANTHY



RESPONDENTS:

     1        KOCHI MUNICIPAL CORPORATION
              CORPORATION OFFICE BUILDINGS, KOCHI REP. BY ITS
              SECRETARY, PIN - 682011

     2        SECRETARY
              KOCHI MUNICIPAL CORPORATION, CORPORATION OFFICE
              BUILDINGS, KOCHI, PIN - 682011

     3        REVENUE OFFICER
              KOCHI MUNICIPAL CORPORATION, CORPORATION OFFICE
              BUILDINGS, KOCHI, PIN - 682011

              BY ADV D.G.VIPIN

              SC- JANARDHANA SHENOY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.39111 of 2022                     2


                      VIJU ABRAHAM,J
                 -----------------------
                W.P.(C).No.39111 of 2022
             -----------------------------
         Dated this the 24th day of March, 2023

                            JUDGMENT

Petitioner has approached this Court challenging

Exts.P5 and P6. Petitioner is the licensee of Shop

Room No.1 of the commercial shopping complex owned

by the Kochi Municipal Corporation, the 1st

respondent herein.

2. Due to the Corona pandemic, total lock-down in

the country was declared on 21.03.2020 and it has

affected the business of the petitioner also.

Considering the unfortunate financial condition of

the various business firms, the Government has

issued Ext.P1 order directing the local self

government institutions to give relaxation in the

matter of payment of monthly rent to the shop room

owners with respect to the buildings/shop rooms

owned by the local authorities. Thereupon, the

petitioner submitted Ext.P2 representation

requesting to provide the benefit of Ext.P1 and

subsequently a reminder petition was also filed on

10.1.2022 before the Secretary. The said

representations are not been considered till date.

Now the petitioner has been served with a demand

notice dated 23.11.2022 which is produced as Ext.P5,

and by Ext.P6 communication the petitioner was

informed that the licence agreement could be

extended only on payment of the arrears of rent.

Petitioner challenges Exts.P5 and P6 in the writ

petition. Petitioner submits that subsequent to the

receipt of Exts.P5 and P6 communications petitioner

has again represented before the respondent

Municipality as per Ext.P7. Petitioner submits that

he is entitled the benefit of Ext.P1 government

order which has not been extended to the petitioner

till date.

3. When the matter came up for consideration on

an earlier occasion, this Court as per order dated

12.12.2022 passed an order to the effect that the

operation of Exts.P5 and P6 will stand stayed on

condition that the petitioner paid the current

rent/licence fee dues promptly. Petitioner submits

that the respondents have not cared to accept the

current rent though it was offered.

4. The learned Standing counsel for the

respondent Corporation would submit that Ext.P7 has

been received and pending consideration before the

respondent Corporation, but submitted that no

affidavit as mandated. In Ext.P1 government order

has been submitted till date. Thereupon, the learned

counsel for the petitioner would submit that the

requirements of Ext.P1 government order will be duly

complied with, within a period of 10 days. Since

Ext.P7 is pending consideration before the

respondent Corporation, there will be a direction to

the 2nd respondent to take up and pass orders on

Ext.P7 within a time limit of one month from the

date of receipt of the affidavit to be filed by the

petitioner and a decision in this regard shall be

taken after affording an opportunity of being heard

to the petitioner. Till a decision is taken as

directed above, the interim order granted by this

Court on 12.12.2022 will continue.

Above writ petition is disposed of accordingly.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 39111/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER NO. 1278/2020/LSGD DATED 29.06.2020

Exhibit P2 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 03.11.2020 SUBMITTED BY THE PETITIONER.

Exhibit P3 TRUE PHOTOCOPY OF COUNTER RECEIPT NO.

049207 DATED 03.11.2020 ISSUED FROM KOCHI CORPORATION

Exhibit P4 TRUE PHOTOCOPY OF COUNTER RECEIPT NO.

6118 DATED 10.01.2022. ISSUED FROM KOCHI CORPORATION

Exhibit P5 TRUE PHOTOCOPY OF THE DEMAND NOTICE NO.

MOR 3A/10691/93 DATED 23.11.2022 ISSUED FROM KOCHI CORPORATION

Exhibit P6 TRUE PHOTOCOPY OF THE NOTICE NO. MOR 3A/030073/22 DATED 23.11.2022 ISSUED FROM KOCHI CORPORATION

Exhibit P7 TRUE PHOTOCOPY OF REPRESENTATION DATED 23.11.2022 SUBMITTED BY THE PETITIONER

Exhibit P8 TRUE PHOTOCOPY OF THE COUNTER RECEIPT NO.

1751 DATED 23.11.2022 ISSUED FROM THE KOCHI CORPORATION