Mujeeb Kakkodi vs State Of Kerala
2024 Latest Caselaw 11921 Ker

Kerala High Court

Mujeeb Kakkodi vs State Of Kerala on 3 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                  &
                THE HONOURABLE MR. JUSTICE EASWARAN S.
        FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
                          WA NO. 647 OF 2024
   AGAINST THE ORDER IN WP(C) NO.13021 OF 2024 DATED 01.04.2024
APPELLANTS:

    1      MUJEEB KAKKODI, AGED 54 YEARS
           S/O. MOHAMMED KUTTY MASTER, BISMILLA MANZIL,
           TIRUR, TANALUR P.O., MALAPPURAM DISTRICT,
           PIN - 676307

    2      RAJESH KARUVATH, AGED 53 YEARS
           S/O. VELAYUDHAN MASTER, KARUVATH HOUSE,
           OZHUR P.O., MALAPPURAM DISTRICT, PIN - 676307

           BY ADVS.
           P.T.SHEEJISH
           A.ABDUL RAHMAN (A-1917)
           AMRITA SAFAL M.
           PARVATHY S. MANOJ


RESPONDENTS:

    1      STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
           GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF
           KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001

    2      KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
           CORPORATION, REPRESENTED BY ITS CHAIRMAN, KINFRA
           HOUSE, TC 31/2312, SASTHAMANGALAM, THIRUVANANTHAPURAM
           PIN - 695010

    3      KINFRA TECHNO INDUSTRIAL PARK, MALAPPURAM,
           REPRESENTED BY ITS PARK-IN CHARGE, NEAR CALICUT
           UNIVERSITY, CHELAMBRA P.O KAKKANCHERRY, MALAPPURAM
           DISTRICT, PIN - 673634

    4      DISTRICT PANCHAYAT, MALAPPURAM, REPRESENTED BY ITS
           SECRETARY, DISTRICT PANCHAYAT BHAVAN, CIVIL STATION,
           MALAPPURAM DISTRICT, PIN - 676505
 WA 647/24
                                          2

    5       SECRETARY, DISTRICT PANCHAYAT, MALAPPURAM,
            DISTRICT PANCHAYAT BHAVAN, CIVIL STATION,
            MALAPPURAM DISTRICT, PIN - 676505

    6       THE DISTRICT COLLECTOR, MALAPPURAM,
            COLLECTORATE, UP HILL, MALAPPURAM DISTRICT,
            KERALA, PIN - 676505

    7       DEPUTY TAHSILDAR (RR), TIRUR TALUK, OFFICE OF
            TAHSILDAR, REVENUE RECOVERY (RR), TIRUR,
            MALAPPURAM DISTRICT,, PIN - 676101


            BY ADVS
            GP - SRI.SUNIL KUMAR KURIAKOSE
            SC FOR KINFRA - SRI.P.U.SHAILAJAN
            SC FOR PANCHAYAT - SRI.MUHAMMED SHAFI


     THIS     WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
03.05.2024,     THE    COURT   ON   THE       SAME    DAY    DELIVERED    THE
FOLLOWING:
 WA 647/24
                                     3

                          JUDGMENT

Devan Ramachandran, J.

We are afraid that we cannot accede to the challenge of the

appellants to the impugned interim order because, the same only

directs them to pay 50% of the demanded amount within a period

of three months.

2. We are, of course, aware of the contentions of the

appellants that they are not liable to pay the rent and that the

amount quantified against them is not accurate. Obviously, these

are aspects which will have to be considered by the learned Single

Judge, when the Writ Petition itself is disposed of.

3. As matters now stand, the learned Single Bench has

exercised discretion, directing the appellants to remit certain

amounts as a condition for grant of stay of recovery proceedings.

When such discretionary orders are issued, it would be unfair on

the part of the Appellate Courts to intervene, particularly when

the appellants admit that they have defaulted payment of rent,

though justifying it on the ground that the promised facilities had

not been made available to them. These disputations are

ineluctably in the factual realm.

In the afore circumstances, we close this Writ Appeal;

however, leaving full liberty to the appellants to impel all

contentions before the learned Single Judge; but, clarifying that

none of them have been considered on merits in any manner by

us.

As a corollary, we extend the time frame for payment of the

amount in the impugned order by a further period of two weeks

from today.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

EASWARAN S. JUDGE RR