Kerala High Court
T.K.Sivadasan vs The Principal Secretary, Local Self ... on 11 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 1467 OF 2017
PETITIONERS:
1* T.K.SIVADASAN,MADHAVAM, SRA-123, THRIKKAKARA,
682021.(*Died. Legal heirs impleaded )
2 MINI V.P.ILLATHUMUGAL HOUSE, THRIKKAKARA, 682021.
3 DERSAN V.S.VENPUZHASSDRY HOUSE, KAKKANAD, 682021.
4 RAJESH K.KARIMUNDAKAN HOUSE, THRIKKAKARA, 682021.
5 VASU T.K.THANAPPADATHU HOUSE, CEPZ P.O.,
KAKKANAD, 682037.
6 DEEPA C.K.
CHOORAKKOTTAYIMOOLA, RAJEEVNAGAR, KOCHI-19.
7 SALOMY JOSEPH, ROOM NO.66, MUNICIPALITY SHOPPING
COMPLEX, BMC P.O., COCHIN-21.
8 ADDL. P8. SMT. SARASA,W/O.LATE T.K.SIVADASAN,
MADHAVAN, THRIKKAKKARA-688021(IMPLEADED AS PER ORDER
DATED 19-06-2019 IN IA 2/19)
BY ADV P.K.SANTHAMMA
RESPONDENTS:
1 THE PRINCIPAL SECRETARY, LOCAL SELF GOVT.
LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-
695001.
2 THE SECRETARY
THRIKKAKKARA MUNICIPALITY, NGO QUARTERS, SHOPPING
COMPLEX, BMC P.O., COCHIN-21, 682021.
BY ADV SRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
OTHER PRESENT:
SRI.IMAM GRIGORIUS KARAT-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 1467/2017
2
M A ABDUL HAKHIM, J
--------------------------------
WP(C) No. 1467/2017
-------------------------------
Dated this the 11th June, 2024
JUDGMENT
1. The petitioners belong to Scheduled Caste and Scheduled
Tribe. They are occupants of shop rooms in the Shopping
Complex owned by the 2nd respondent which they have taken
on rent with effect from different dates. The petitioners have
approached this Court seeking a direction to the 2 nd
respondent Municipality to fix the rent for the rooms allotted
to the petitioners in accordance with Exts.P1 and P2 Circulars
issued by the Local self Government Department of the 1 st
respondent Government. Exts.P1 and P2 show that the
Municipality has to fix the rate of rent for the tenants
belonging to the Scheduled Caste and Scheduled Tribe taking
average rent payable for other rooms in the same complex.
2. By an interim order dated 06.01.2022, direction was issued
to the 2nd respondent to take a decision on Exts.P8 and P9
Representations, within a period of one month from the date of
receipt of a certified copy of the order. Pursuant to the said
interim order, the 2nd respondent has passed Ext.P18 order
dated 08.02.2023.
3. The submission of the learned Counsel appearing for the
petitioner is that the said order was passed without giving
notice of hearing to them and without considering Exts.P1 and
P2 circular issued by the 1st respondent Government.
4. The counsel for the Municipality submitted that the
petitioners have been occupying the rooms without payment of
any rent or without payment of license fee raising untenable
objection with respect to the rate of rent. He pointed out as on
2/2009 that substantial amounts are due as revealed from
Ext.P12(a) to (d) which are sent to some of the petitioners.
Similar notices were given to the other petitioners also. The
counsel for the Municipality submitted that the petitioners
have not paid the amounts demanded in Ext.P12 series and
have been continuing the default thereafter.
5. I find from the pleadings that the petitioners do not dispute
their liability to pay rent. Their contention is only with respect
to calculation of rent as per Exts.P1 and P2. They can not be
allowed to keep the rent defaulted on account of this. Counsel
for the petitioners expressed the inability of the petitioner to
clear the outstanding rent in lump sum.
6. In view of the aforesaid submission, I dispose of this writ
petition setting aside Ext.P18 order on condition that the
petitioners shall clear the arrears of rent as on date, at the half
of the rate at which the rent was calculated in the respective
Ext.P12 series and similar notices, within a period of three
months from the date of receipt of a copy of this judgment. The
Municipality is free to issue fresh interim demand in this
regard. If the petitioners clear the rent as per the said
direction, the 2nd respondent is directed to reconsider the
matter afresh taking note of Exts.P1 and P2 circulars in
accordance with law after hearing the petitioner within a
further period of two months. If the petitioners do not clear
half of the outstanding rent as directed above, Ext.P18 shall
stand confirmed. The petitioners shall continue to pay the rent
at half of the rate in respective Ext.P12 series and similar
notices till a decision is taken by the 2 nd respondent as above.
The balance rent payable by the petitioner shall be as per the
fresh order passed by the 2nd respondent.
The Writ Petition is disposed as above.
Sd/-
M A ABDUL HAKHIM, JUDGE
jma
APPENDIX OF WP(C) 1467/2017
PETITIONER EXHIBITS
EXHIBIT P1- THE COPY OF THE CIRCULAR DATED 08/05/90
ISSUED BY 1ST RESPONDENT.
EXHIBIT P2- THE COPY OF THE CIRCULAR DATED 25/10/90
ISSUED BY 1ST RESPONDENT.
EXHIBIT P3- THE COPY OF THE CIRCULAR DATED 12/08/90
ISSUED BY 1ST RESPONDENT.
EXHIBIT P4- THE COPY OF THE NOTIFICATION REGARDING
RENT FOR 1ST FLOOR ISSUED BY 2ND
RESPONDENT.
EXHIBIT P5- THE TRUE COPY OF THE RECEIPT FOR THE RENT
COLLECTED FOR A ROOM IN THE GROUND FLOOR.
EXHIBIT P6- THE COPY OF THE REPRESENTATION DATED
06/02/2016 BY 1ST PETITIONER TO 2ND
RESPODNENT.
EXHIBIT P7- THE COPY OF THE REPRESENTATION DATED
11/02/2016 BY PETITIONERS TO 2ND
RESPONDENT.
EXHIBIT P8- THE COPY OF THE REPRESENTATION 01/10/2016
DATED BY 1ST PETITIONER TO 2ND RESPONDENT.
EXHIBIT P9- THE COPY OF THE REPRESENTATION BY
PETITIONERS TO 2ND RESPONDENT.
EXHIBIT P10(A)(B) THE COPIES OF THE NOTICES NO.2648/16 DATED
(C)(D) 31/12/2016 BY 2ND RESPONDENT TO
PETITIONERS NO.1 TO 4 RESPECTIVELY.
EXHIBIT P11- THE COPY OF THE INTERIM ORDER DATED
12/08/2010 IN WP(C) NO.25234 OF 2010.
EXHIBIT P12(A) THE COPY OF THE DEMAND NOTICE DATED
6.2.2019 ADDTIONAL
EXHIBIT P12(B) THE COPY OF THE DEMAND NOTICE DATED
6.2.2019
EXHIBIT P12(C) THE COPY OF THE DEMAND NOTICE DATED
6.2.2019
EXHIBIT P12(D) THE COPY OF THE DEMAND NOTICE DATED
17.1.2019
EXHIBIT P13 THE COPY OF THE REPRESENTATION DATED
18/02/2019 TO R2.
Exhibit P14 THE COPY OF THE DEMAND NOTICE DATED
20.6.2022 ISSUED BY R2 TO 4TH PETITIONER
SHOP NO.69.
Exhibit P15 THE COPY OF THE REPRESENTATION DTD.
18.7.2022 BY 4TH PETITIONER TO R2.
Exhibit P16 THE COPY OF THE DEMAND NOTICE DATED
20.6.2022 BY R2 TO 1ST PETITIONER T.K.
SIVADASAN, NUO SHOP NO. 79.
Exhibit P17 THE COPY OF THE REPRESENTATION DTD.
14.7.2022 BY 8TH PETITIONER TO R2.
Exhibit P 18 THE DECISION TAKEN BY THE 2ND RESPONDENT
ON 08/02/2023 STATING THAT THE
MUNICIPALITY IS NOT READY TO REDUCE THE
RENT
