Kerala High Court
Vineeth M.M vs The Pala Municipality on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 16959 OF 2024
PETITIONER:
VINEETH M.M
AGED 35 YEARS
S/O M.P MOHANAN PILLAI MUTTATHU HOUSE,
KALATHUKADAVU P.O., KOTTAYAM DISTRICT, PIN - 686579
BY ADVS.
JAI GEORGE
DAISY A.PHILIPOSE
RESPONDENTS:
1 THE PALA MUNICIPALITY
PALA MUNICIPALITY, MUNICIPAL COMPLEX,
PALA P.O, KOTTAYAM DISTRICT.
REPRESENTED BY ITS SECRETARY., PIN - 680027
2 SECRETARY OF PALA MUNICIPALITY
PALA MUNICIPALITY, PALA MUNICIPALITY, MUNICIPAL
COMPLEX, PALA P.O, KOTTAYAM DISTRICT, PIN - 680027
OTHER PRESENT:
SRI.SUJITH MATHEW JOSE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16959 OF 2024
2
MOHAMMED NIAS C.P., J.
=========================
W.P.(C.) No. 16959 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
The petitioner had participated in an auction
conducted by the 1st respondent with respect to the shop
room on the first floor of the Kottaramattom Shopping
Complex owned by the 1st respondent, and an agreement
was entered into between them on 17.09.2015, remitting a
total amount of Rs.4,63,960/- to the respondents as security
for the allotment of the room. The petitioner submitted that
he had surrendered the rooms, which is evident from
Ext.P4, and claimed the return of refund of the deposit after
the deductions, if any. The petitioner submits that no
amount has been paid so far. He also relies on Ext.P6
judgment passed by this Court in W.P.(C) No. 42562 of
2023.
2. The learned counsel for the respondents does not
WP(C) NO. 16959 OF 2024
dispute the entitlement of the petitioner to a refund of the
amount stated above. However, he seeks five months to
pay the amount.
3. Taking note of the financial difficulties pointed out
by the learned counsel appearing for the municipality, there
will be a direction to the Municipality to refund the amount
to the petitioner after deductions, if any, within an outer
limit of five months from the date of receipt of a copy of the
judgment. If the amount is not refunded within the time
stipulated above, it shall carry interest at the rate of 12%
per annum from the date of expiry of the five-month period
up to the date of disbursal.
The writ petition is disposed of.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) NO. 16959 OF 2024
APPENDIX OF WP(C) 16959/2024
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE RENT AGREEMENT
NO.1745/2015 DATED 17.9.2015 ENTERED
INTO BETWEEN THE PETITIONER AND 2ND
RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE RECEIPTS OF THE
PAYMENT DATED 19.7.2015 ISSUED BY THE
1ST RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE RECEIPT OF THE
PAYMENT DATED 25.8.2015 ISSUED BY THE
1ST RESPONDENT.
EXHIBIT P4 A TRUE COPY OF ACKNOWLEDGEMENT RECEIPT
DATED 23.5.2023 RECEIVED BY THE
PETITIONER FROM THE 1ST RESPONDENT I
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED
11.10.2023 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT ALONG WITH THE
ACKNOWLEDGEMENT RECEIPT.
EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED
8/2/2024 IN W.P.C NO:42562 OF 2023
BEFORE THIS HONOURABLE COURT
// True Copy // PA To Judge
