Kerala High Court
Mumtaz Shumsuddin vs Greater Cochin Development Authority on 17 February, 2025
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W.P.(C) No.25940 of 2019
2025:KER:12974
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 17TH DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946
WP(C) NO. 25940 OF 2019
PETITIONER:
MUMTAZ SHUMSUDDIN
18/553 C, ALANGAD PANCHAYAT,
VARAPUZHA, ERNAKULAM - 683 517
(PREVIOUSLY RESIDING AT 8 D J M MANOR,
KALOOR, ERNAKULAM - 682 017.)
BY ADV.
SRI.SUBHASH CYRIAC
RESPONDENTS:
1 GREATER COCHIN DEVELOPMENT AUTHORITY
REP. BY THE SECRETARY, OFFICE OF THE GREATER
COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA,
KOCHI - 682 020.
2 ESTATE OFFICER
GREATER COCHIN DEVELOPMENT OFFICE,
KADAVANTHRA, KOCHI - 682 020.
BY ADV.
SRI.VIPIN P.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.25940 of 2019
2025:KER:12974
HARISANKAR V. MENON, J.
------------------------------
W.P.(C) No.25940 of 2019
------------------------------
Dated this the 17th day of February, 2025
JUDGMENT
The petitioner is stated to be a tenant with respect to shop
room No.B-1 of the Manappattiparambu shopping complex under
the respondents herein. The petitioner contends that, on the basis
of the alleged arrears of rent, proceedings were taken, leading to
Ext.P11, by which the property was sealed, and steps were taken
for auctioning the merchandise which is inside the shop room. It
is in such circumstances that the petitioner has filed the captioned
writ petition.
2. I have heard the learned counsel for the petitioner and
Sri.Vipin P.Varghese, the learned Standing Counsel for the
respondent Corporation.
3. The short issue arising for consideration is with
reference to the legality of the proceedings taken pursuant to
Ext.P11.
4. The essential allegation against the petitioner is as
regards the arrears of rent payable with respect to the shop room
2025:KER:12974
in question. Sri.Vipin, the learned Standing Counsel for the
respondent Corporation, would rely on Ext.R1(s) to contend that
whatever amounts paid by the petitioner have been credited, and
it is even thereafter, the petitioner is seen to be in arrears, as
evidenced by the said document. On a prima facie verification of
Ext.R1(s), this Court notices that the petitioner is in arrears.
However, the learned counsel for the petitioner would contend that
substantial payments are still lying uncredited in the form of
advance, etc. and in such circumstances, the arrears shown in
Ext.R1(s) do not reflect the correct position.
5. This Court notices that, with respect to the property in
question, the provisions of the Kerala Public Buildings (Eviction of
Unauthorised Occupants) Act, 1968 ('the Act' for short) are
applicable, is not in dispute. In such circumstances, this Court
clarifies that the respondent would comply with the procedure
prescribed by the afore statute, while taking steps to evict the
petitioner as above.
6. Sri.Vipin, the learned Standing Counsel for the
respondent Corporation, also accepts the requirement to follow
the procedure as prescribed under the said statute. However, he
adds that required steps were taken, as detailed in the counter
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affidavit.
In such circumstances, this writ petition would stand
disposed of as under;
i. The respondent Corporation to comply with the
provisions of the Act, while evicting the petitioner
from the property in question.
ii. The petitioner to file an appropriate representation
before the respondent Corporation, giving the
details of the amounts which are allegedly not
credited to the rent arrears, within a period of three
weeks from today.
iii. If such a representation is being filed, the
respondent Corporation to consider and dispose of
the same after hearing the petitioner, within a
further period of three weeks thereafter.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
2025:KER:12974
APPENDIX OF WP(C) 25940/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ALLOTMENT ORDER DATED
06/10/2015 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RECEIPT OF PAYMENT DATED
21/10/2015.
EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 29/10/2015 AND 23/12/2015.
EXHIBIT P4 TRUE COPY OF THE LEASE AGREEMENT PREPARED
IN STAMP DATED 07/11/2015.
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT FOR ON
LINE REGISTRATION ISSUED BY ERNAKULAM SRO
ON 25/01/2016.
EXHIBIT P6 TRUE COPY OF THE RECEIPT OF PAYMENT DATED
10/08/2017.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 22/11/2018
ISSUED BY THE RESPONDENT RECEIVED ON
29/12/2018.
EXHIBIT P8 TRUE COPY OF THE REQUEST LETTER DATED
16/01/2019 SUBMITTED BY THE PETITIONER TO
THE RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 06/06/2019
ISSUED BY THE RESPONDENT TO THE
PETITIONER.
EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY THE
PETITIONER TO THE RESPONDENT DATED
28/06/2019.
EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 29/08/2019
ISSUED ON 26/09/2019.
EXHIBIT P12 TRUE COPY OF THE REPLY DATED 27/09/2019
SUBMITTED BY THE PETITIONER TO THE
RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT R1(a) TRUE COPY OF RESOLUTION NO.113/2015-16
DATED 18.08.2015
EXHIBIT R1(b) TRUE COPY OF LETTER NO.2840/B-2/ESTATE/
2015/GCDA DATED 09.11.2015
2025:KER:12974
EXHIBIT R1(c) TRUE COPY OF LETTER NO.2840/ESTATE/B2/
2015/GCDA DATED 09.02.2017
EXHIBIT R1(d) TRUE COPY OF LETTER DATED 29.03.2017
EXHIBIT R1(e) TRUE COPY OF THE LETTER DATED 24.06.2017
EXHIBIT R1(e)(i) TRUE COPY OF LETTER DATED 11.08.2017
EXHIBIT R1(f) TRUE COPY OF LETTER DATED 29.08.2017
EXHIBIT R1(g) TRUE COPY OF LETTER DATED 04.12.2017
EXHIBIT R1(h) TRUE COPY OF NOTICE DATED 21.03.2018
EXHIBIT R1(i) TRUE COPY OF THE ORDER DATED 07.07.2018
EXHIBIT R1(j) TRUE COPY OF THE ORDER DATED 22.11.2018
EXHIBIT R1(k) TRUE COPY OF THE REPORT DATED 14.02.2019
EXHIBIT R1(l) TRUE COPY NOTICE DATED 29.04.2019
EXHIBIT R1(m) TRUE COPY OF NOTICE DATED 29.08.2019
EXHIBIT R1(n) THE TRUE COPY OF THE LETTER DATED
19.06.2017 ISSUED BY THE PETITIONER
EXHIBIT R1(o) THE TRUE COPY OF THE LETTER DATED
18.09.2018 ISSUED BY PETITIONER
EXHIBIT R1(p) THE TRUE COPY OF THE ORDER NO.
2840/ESTATE/B-2/2015/GCDA DATED
20.01.2019 ISSUED BY THE RESPONDENT
EXHIBIT R1(q) THE TRUE COPY OF THE STATEMENT OF RENT
DUE FROM THE PETITIONER
EXHIBIT R1(r) THE TRUE COPY OF THE RECEIPT DATED
16.11.2019 ISSUED BY THE RESPONDENTS
EXHIBIT R1(s) THE TRUE COPY OF THE UPDATED STATEMENT OF
RENT DUE FROM PETITIONER
