Kerala High Court
Kerala Hindi Prachar Sabha, ... vs Palakkad Municipality on 27 October, 2023
WP(C) NO. 32415 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WP(C) NO. 32415 OF 2023
PETITIONER/S:
KERALA HINDI PRACHAR SABHA, REPRESENTED BY ITS
SECRETARY, ADV.B.MADHU
AGED 63 YEARS
S/O. SUKUMARAN NAIR RESIDING AT AISWARYA, ARAMADA P.O,
THIRUVANANTHAPURAM, PIN - 695032
BY ADV R.V.SREEJITH
RESPONDENT/S:
PALAKKAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY, SANTHI NAGAR, PALAKKAD,
PIN - 678001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32415 OF 2023
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BECHU KURIAN THOMAS, J.
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W.P.(C)No.32415 of 2023
------------------------------------------------
Dated this the 27th day of October 2023
JUDGMENT
The Kerala Hindi Prachar Sabha was functioning as a tenant in a
building belonging to the Palakkad Municipality. However, due to
various reasons, including the onset of Covid-19 pandemic, they had
no useful purpose with the said building and therefore, it was
surrendered after Ext.P2 notice dated 30.06.2023. Petitioner contends
that, they had, in fact expressed their willingness to surrender the
building as early as on 14.03.2019 itself as per Ext.P1. However, the
Municipality had not accepted the said request nor collected the fee to
the building. In the meantime, the rent started acruing and a huge
amount is now demanded from the petitioner. When the respondent
demanded the said rent arrears as per Ext.P2, petitioner surrendered
the building and approached this Court after submitting a
representation dated 01.08.2023, seeking relaxation and reduction in
the arrears of rent.
2. On the date of admission, this Court directed the petitioner
to remit an amount of Rs.1,00,000/-. The learned Standing Counsel for
the respondent submitted that the said amount has been deposited. It
was also submitted rent arrears are due from the petitioner from
WP(C) NO. 32415 OF 2023
October 2017 onwards and, other than an amount of Rs.1,00,000/-
paid as directed by this Court, the dues have not been cleared by the
petitioner.
3. The Petitioner has requested for a grant of reduction in the
arrears of rent as per Ext.P3. The said representation is pending
consideration before the respondent.
4. Considering the nature of the establishment, I am of the
view that the respondent has an obligation to consider the said
representation in a time bound manner. Though the pendency of the
representation is not a reason to avoid payment of rent, considering
the entire circumstances, I am of the view that a direction can be
issued to dispose of Ext.P3 representation and at the same time,
petitioner must pay a reasonable amount towards arrears in a time
bound manner. Therefore, if petitioner deposits a further amount of
Rs.50,000/- (Rupees fifty thousand only), within four weeks from today,
the Secretary shall place the issue before the Municipal Council, who
shall take a decision within 30 days thereafter. The coercive
proceedings, if any initiated pursuant to Ext.P2, against the petitioner
shall be kept in abeyance till a decision is taken as directed.
The writ petition is disposed of accordingly.
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 32415 OF 2023
APPENDIX OF WP(C) 32415/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 14.03.2019 OF
THE RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTICE NO.R8.36988/22 DATED
ON 30.06.2023 ISSUED BY THE RESPONDENT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
01.08.2023 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENT
