Kerala High Court
The Thiruvananthapuram Dist. ... vs State Of Kerala on 27 March, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 3406 OF 2014
PETITIONER/S:
THE THIRUVANANTHAPURAM DIST. CO-OPERATIVE WHOLESALE
SOCIETY
REPRESENTED BY ITS MANAGING DIRECTOR IN CHARGE
PUTHENCHANDA, THIRUVANANTHAPURAM.
BY ADVS.
SRI.B.S.SWATHI KUMAR
SRI.ASHISH MOHAN
SRI.A.K.RAJESH
SRI.REMYA MURALI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSING,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE KERALA STATE HOUSING BOARD
REPRESENTED BY ITS CHAIRMAN, PIN 695 001,
THIRUVANANTHAPURAM
BY ADVS.
SRI. BINOY DAVIS, GOVERNMENT PLEADER
SRI.GEORGE BOBAN, SC, K.S.H.B.
SRI.K.DENNY DEVASSY, SC, K.S.H.B.
V.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, ALONG WITH WP(C).9357/2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) Nos.3406/2014 & 9357/2016 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 9357 OF 2016
PETITIONER/S:
THE TRIVANDRUM DISTRICT CO-OPERATIVE WHOLESALE SOCIETY
LTD.
NO.4, REPRESENTED BY ITS MANAGING DIRECTOR IN -CHARGE,
PUTHENCHANDA, THIRUVANANTHAPURAM
BY ADVS.
SRI.B.S.SWATHI KUMAR
SRI.HARISANKAR N UNNI
SMT.LINTA VARGHESE
SMT.T.RESHMA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPATMENT OF HOUSING,
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE KERALA STATE HOUSING BOARD
REPRESENTED BY ITS CHAIRMAN, PIN-695 001,
THIRUVANANTHAPURAM
BY ADVS.
SRI. BINOY DAVIS, GOVERNMENT PLEADER
SRI.K.DENNY DEVASSY, SC, K.S.H.B.
MANOJ RAMASWAMY
V.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, ALONG WITH WP(C).3406/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) Nos.3406/2014 & 9357/2016 -3-
JUDGMENT
These writ petitions have been filed challenging proceedings issued by
the Kerala State Housing Board (KSHB) calling up the petitioner to pay
arrears of rent as demanded in Ex.P12 in W.P(C) No.3406/2014 and also a
notice produced as Ext.P16 in W.P(C) No.9357/2016 through which a notice
was issued under sub-section (3) of Section 86 of the Kerala Housing Board
Act, 1971, through which the petitioner was directed to show cause as to why
the amounts of rent due as on that date should not be recovered as arrears of
public revenue. A perusal of the pleadings in the writ petition will indicate
that the claim of the petitioner against the impugned notice / demand is on
the basis of the judgment dated 19-12-2001 in O.S. No.847/1999 on the file of
the Additional Munsiff Court, Thiruvananthapuram wherein it has been
adjudicated that the rent payable by the petitioner till October 2001 had been
remitted by the petitioner. It is the case of the petitioner that the impugned
notice / demand includes amounts which have been found to be remitted in
full by the judgment of the Munsiff Court in O.S. No.847/1999.
2. When these matters came up for consideration on 18-10-2023 this
court passed the following order;
"On a perusal of judgment dated 19.12.2001 in OS No.847 of 1999 of
the Additional Munsiff Court, Thiruvananthapuram, which is
produced as Ext.R2(a) in WP(C) No.3406 of 2014, it is seen that there
is a finding of fact that the petitioner had remitted rent till October,
2001. The Kerala State Housing Board has not filed appeal against
the afore judgment. Hence, learned Standing Counsel for the
respondent Board is directed to furnish a modified statement of
calculation showing rent due from November, 2001 onwards with an
enhancement of 20% as per Clause 13 of Ext.P1 rent deed. Learned
Standing Counsel seeks two weeks' time for filing the modified
statement as above.
2. Learned counsel for the petitioner shall get instructions
from the petitioner as to whether the rent due can be paid in
instalments.
3. Learned Standing Counsel shall serve a copy of the
modified statement on the learned counsel for the petitioner.
Post on 08.11.2023."
Accordingly a statement has been filed by the KSHB on 30-11-2023 which
indicate that an amount of Rs.1,18,18,028 is due from the petitioner after
taking into consideration of the judgment and decree in O.S. No.847/1999 on
the file of the Additional Munsiff Court, Thirvananthapuram.
3. It is not seriously disputed before me that there are arrears of rent
payable by the petitioner. The contention taken by the petitioner on the basis
of the judgment and decree in O.S No.847/1999 on the file of the Additional
Munsiff Court, Thirvananthapuram no longer subsists as following the order
of this court on 18-10-2023 the amounts have been recalculated on the basis
that there are no amounts due as on October 2001. The demands for future
periods including enhancements as contemplated by the provisions of Clause
13 of Ext.P1 deed cannot be disputed by the petitioner. The contention of the
learned counsel for the petitioner that the petitioner is a Consumer society
and that it does not have means to pay huge amounts now demanded as
arrears of rent is no ground to hold that the petitioner is not liable to pay the
rent in terms of the lease agreement between the parties. There is nothing on
record to indicate that the present demand as reflected in the statement filed
on 14-12-2023 in W.P (C) No.9357/2016 is illegal on any ground. However,
considering the submission of the learned Standing counsel for the Housing
Board that the petitioner can be given some time to pay Rs.1,18,18,028/-, this
writ petition will stand disposed of permitting the petitioner to pay
Rs.1,18,18,028/- which is arrears of rent due as on 30-11-2023 in 24 equal
monthly installments commencing from 15-04-2024. The amount payable as
rent in terms of Clause 13 of Ext.P1 lease deed for the months of December to
March 2024 shall also be paid within a period of 3 months from the date of
receipt of a certified copy of this judgment. The petitioner will also continue
to pay the rent payable in terms of the agreement between the parties on the
due dates without fail. It will also be open to the petitioner and the Housing
Board to execute fresh agreement if the petitioner intends to continue in
occupation of the premises. If the petitioner fails to discharge the liability in
the manner aforesaid, it is open to the Housing Board to proceed for eviction
and for recovery of amounts due from the petitioner in accordance with the
law.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 9357/2016
PETITIONER EXHIBITS
EXT.P1: TRUE COPY OF RENT DEED DT. 21/12/93 BETWEEN THE 2ND
RESPONDENT AND THE PETITIONER
EXT.P2: TRUE COPY OF THE RECEIPT NO. 0811311 DT. 29/1/14
EXT.P3: TRUE COPY OF DECREE IN OS NO. 847/1999 DT. 19/12/01 OF THE
MUNSIFF COURT, TRIVANDRUM
EXT.P4: TRUE COPY OF NOTICE NO. E5/JN/TCDWS/RENT DT. 26/12/08
ISSUED BY THE 2ND RESPONDENT
EXT.P5: TRUE COPY OF THE NOTICE NO. E5/RENT/TCDWS/JN IN FORM I
UNDER SEC. 85(2) OF THE KERALA STATE HOUSING BOARD ACT DT. 1/09
EXT.P6: TRUE COPY OF THE REPLY- DT. 18/2/09 SUBMITTED BY THE
PETITIONE RBEFORE 2ND RESPONDDENT
EXT.P7: TRUE COPY OF NOTICE NO EN/RENT/ TCDWS/JN ISSUED BY 2ND
RESPONDENT DT. 10/6/2009
EXT.P8: TRUE COPY OF E5/RENT/TCDWS/1/'RENT DT. 18/7/09 DT. 17/8/09
EXT.P9: TRUE COPY OF THE JUDGMENT IN WPC 23325/09 DT. 17/8/09
EXT.P10: TRUE COPY OF NOTICE NO E5/TCDWS/JN/RENT DT. 30/6/13
EXT.P11: TRUE COPY OF THE ORDER NO. G.O.(P) NO. 123/13/ HOUSE DT.
18/12/13
EXT.P12: TRUE COPY OF DEMAND NOTICE NO. E5/TCDWS/JN DT. 10/1/14
ISSUED BY THE 2ND RESPONDENT
EXT.P13: TRUE COPY OF ORDER DT. 4/2/14 IN WPC 3406/14
EXT.P14: TRUE COPY OF THE LETTER NO. RENT/4394/1997/JWHR DT.
11/2/16
EXT.P15 TRUE COPY OFTHE MINUTES OF THE MEETING DT. 20/1/16
EXT.P16: TRUE COPY OF THE ORDER NO. E5/RENT/RENT/TCDWS/JN DT.
28/1/16
RESPONDENT ANNEXURES
A TRUE PHOTOCOPY OF THE STATEMENT CESS DUE FROM THE TENANTS OF
JAWAHAR NAGAR SHOPPING COMPLEX AS ON 31.08.2023
A TRUE PHOTOCOPY OF THE STATEMENT OF ACCOUNTS FROM 01.05.1993
INCLUDING INCREASED RENT AT 20% FROM 01.05.1996 OF JAWAHAR NAGAR
SHOPPING COMPLEX
TRUE PHOTOCOPY OF THE MODIFIED STATEMENT OF ACCOUNTS OF RENT DUE
FROM THE TENANTS OF JAWAHAR NAGAR SHOPPING COMPLEX AS ON
01.11.2001
APPENDIX OF WP(C) 3406/2014
PETITIONER EXHIBITS
EXHIBIT P1. COPY OF THE RENT DEED DATED 21.1.93 BETWEEN THE 2ND
RESPONDENT AND THE PETITIONER.
EXHIBIT P2. COPY OF THE RECEIPT NO.0811311 DATED 29.1.14.
EXHIBIT P3. COPY OF THE DECREE IN OS NO.847/99 DATED 19.12.01 OF
THE MUNSIFF COURT, TRIVANDRUM.
EXHIBIT P4. COPY OF THE NOTICE NO.E5/JN/TCDWS/RENT DATED 26.12.08
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5. COPY OF THE NOTICE NO.E5/JN/TCDWS/RENT IN FORM 1 UNDER
SEC. 85(2) OF THE KERALA STATE HOUSING BOARD ACT DATED 1.09.
EXHIBIT P6. COPY OF THE REPLY DATED 18.02.09 SUBMITTED BY THE
PETITIONER BEFORE 2ND RESPONDENT.
EXHIBIT P7. COPY OF THE NOTICE NO.E5/JN/TCDWS/JN ISSUED BY 2ND
RESPONDENT DATED 10.6.09.
EXHIBIT P8. COPY OF THE ORDER NO.E5/JN/TCDWS/RENT DATED 18.7.09 OF
THE 2ND RESPONDENT.
EXHIBIT P9. COPY OF THE JUDGMENT IN WPC NO.23325/09 DATED 17.8.09.
EXHIBIT P10. COPY OF THE NOTICE NO. E5/JN/TCDWS/RENT DATED
30.6.13.
EXHIBIT P11. COPY OF THE ORDER NO.G.O(P)NO.123/2013/HOUSE DATED
18.12.13.
EXHIBIT P12. COPY OF THE DEMAND NOTICE NO.E5/TCDWS/JN DATED
10.1.14 ISSUED BY THE 2ND RESPONDENT.
