Jayashree Rameshkumar vs State Of Kerala
2024 Latest Caselaw 5421 Ker

Kerala High Court

Jayashree Rameshkumar vs State Of Kerala on 16 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                       W.P.(C) NO.2436 OF 2024
PETITIONER:

          JAYASHREE RAMESHKUMAR,
          AGED 61 YEARS, W/O. M. RAMESHKUMAR,
          R/O 309, SHALAKA, 9TH FLOOR,
          OPP. COOPERAGE GROUND, KARVE ROAD,
          NARIMAN POINT, MUMBAI, PIN-40002.

          BY ADVS.
          B.G.HARINDRANATH
          AMITH KRISHNAN H.
          LEJO JOSEPH GEORGE
          SAIRA PUTHIYAPARAMPATH
          GOWRI DEV


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

    2     THE PRINCIPAL SECRETARY TO THE GOVERNMENT,
          SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

    3     KERALA STATE HANDICAPPED PERSON'S WELFARE CORPORATION
          REPRESENTED BY ITS MANAGING DIRECTOR, POOJAPPURA,
          THIRUVANANTHAPURAM, PIN-695 012.

* ADDL.R4 KERALA PUBLIC WORKS DEPARTMENT
          REPRESENTED BY IT SECRETARY, LMS VELLAYAMBALAM ROAD,
          MUSEUM.P.O, THIRUVANANTHAPURAM, KERALA, PIN-695 033

          * ADDL.R4 IS IMPLEADED AS PER ORDER DATED 01.02.2024 IN
          I.A.1/24 IN WP(C)2436/2024.

          SRI. SUNIL KUMAR KURIAKOSE, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 -2-
W.P.(C) NO.2436 OF 2024


                           JUDGMENT

Dated this the 16th day of February, 2024

The petitioner says that he has leased out a property to

the 3rd respondent, as evident from Ext.P1; and that though

they had resolved to enhance the rent and pay the arrears to

him, it has not been done, presumably because, respondents 1

and 2 have not taken further action on such. He thus prays that

respondents 1 and 2 be directed to pay the enhanced rent,

along with arrears, within a time frame to be fixed by this

Court; further praying that Exts.P10 and P12 be quashed, to

the extent to which the 3 rd respondent has shied away from

their responsibility to honour the said claim and has put it

exclusively on respondents 1 and 2.

2. Sri. B.G. Harindranath - learned counsel for the

petitioner, submitted that his client has now been pushed to a

corner because, though she is the landlord, she has been

denied eligible rent, solely because the 3 rd respondent says that

have no financial resources to honour her claim, which, in fact,

they have acceded to. He argued that his client is, therefore,

fully justified in having approached this Court; and prayed that

the reliefs sought for in this writ petition be granted.

W.P.(C) NO.2436 OF 2024

3. Pertinently, the learned Government Pleader -

Sri. Sunil Kumar Kuriakose, submitted that the only practical

issue which impedes respondents 1 and 2 from acceding to the

recommendations of the 3rd respondent on the claim of the

petitioner, is that the building has not been yet properly valued

by the competent Authority. He submitted that, since the

petitioner has now arrayed the 4 th respondent - Kerala Public

Works Department, in the party array as an additional

respondent, its competent Authority can evaluate the same;

and that, on receipt of their report, the 2nd respondent will

advert to the recommendations of the 3rd respondent and

acceded to, to the extent permissible. He, therefore, prayed

that this writ petition be ordered only on such terms.

4. Sri. B.G. Harindranath - the learned counsel for the

petitioner acceded to the afore suggestions.

In the above circumstances, I dispose of this writ

petition with the following directions:-

(a) The competent Authority of the 4 th respondent Public Works Department - which the learned Government Pleader says is the Assistant Executive Engineer, Thiruvananthapuram - will evaluate the rental value and worth of the building in question and file a report before the

W.P.(C) NO.2436 OF 2024

2nd respondent, with a copy to the petitioner, within a period of one month from the date of receipt of a copy of this judgment.

(b) On the afore report being received by the 2 nd respondent, it will immediately advert to the recommendations made by the 3rd respondent through Exts.P10 and P12; and take a final decision as to the rent to be fixed in favour of the petitioner, as also the arrears of rent that becomes so eligible. A final decision in this regard shall be communicated to the 3rd respondent by the 2nd respondent within a period of two months from the date on which it receives a report in terms of direction No.(a) above.

(c) On the 3rd respondent receiving the recommendations/proceedings from the 2nd respondent in terms of the directions above, it will proceed to discharge the liability to the petitioner, including the arrears of rent, within a period of one month thereafter. Necessary resources for this shall be ensured to be forwarded to the 3rd respondent by respondents 1 and 2 appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE bpr

W.P.(C) NO.2436 OF 2024

APPENDIX OF WP(C) 2436/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE AGREEMENT FOR LEASE DATED 01.02.2000 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT

Exhibit P2 A TRUE COPY OF THE OFFICE ORDER NO.

5611/2021/MRST/HWC DATED 04.12.2012 PASSED BY THE 2ND RESPONDENT ENHANCING THE MONTHLY RENT OF THE TENANTED PREMISES TO RS.6,000/-

Exhibit P3 A TRUE COPY OF THE NOTICE OF TERMINATION DATED 21.11.2016 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P4 A TRUE COPY OF ONE SUCH REMINDER SENT BY THE PETITIONER TO THE 2ND RESPONDENT ON 30.10.2018 THROUGH REGISTERED POST

Exhibit P5 A TRUE COPY OF THE COMMUNICATION NO.183/A2/19/HWC DATED 22.04.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P6 A TRUE COPY OF THE REPLY LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT THROUGH REGISTERED POST ON 16.05.2019

Exhibit P7 A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 29.01.2021 BETWEEN THE PETITIONER AND REPRESENTATIVES OF THE 2ND RESPONDENT

Exhibit P8 A TRUE COPY OF THE MINUTES OF 205TH BOARD MEETING OF THE 2ND RESPONDENT HELD ON 17.04.2021

W.P.(C) NO.2436 OF 2024

Exhibit P9 A TRUE COPY OF THE REPRESENTATION NO.285/MRST/2014/HWC DATED 14.05.2021

Exhibit P10 A TRUE COPY OF THE COMMUNICATION NO.385/MRST/2021/KSHPWC DATED 12.05.2022 ISSUED BY THE 2 RESPONDENT TO THE PETITIONER

Exhibit P11 A TRUE COPY OF THE REPLY DATED 27.05.2022 SUBMITTED BY THE PETITIONER

Exhibit P12 A TRUE COPY OF THE COMMUNICATION NO.

385/MRST/2021/ KSHPWC DATED 17.06.2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P13 A TRUE COPY OF THE LETTER DATED 25.07.2022