Kerala High Court
K.Mohanan vs State Of Kerala on 19 February, 2025
2025:KER:14126
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946
WP(C) NO. 21478 OF 2014
PETITIONER:
K.MOHANAN,
SREE RAGAM, HOUSE NO. 37/1313,
KUMARANASAN NAGAR, KADAVANTHRA, COCHIN-682020.
BY ADVS.
SRI.NISHIL.P.S.
SRI.BIJU MARTIN
SMT.A.A.GEETHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2 THE SECRETARY,
GRATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
KADAVANTHRA, COCHIN-682020.
BY ADV SRI.MINI V.A., SC, GCDA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.02.2025, ALONG WITH WP(C).3385/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.21478 of 2014 &
3385 of 2019 2 2025:KER:14126
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946
WP(C) NO. 3385 OF 2019
PETITIONER:
K.MOHAN, AGED 62 YEARS,
S/O KESAVAN, SREE RAGAM,
HOUSE NO 37/1313,KUMARANASAN NAGAR,
KADAVANTHRA, KOCHI 682 020/.
BY ADVS.
SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE SECRETARY,
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA)
KADAVANTHRA, COCHIN 682 020.
W.P.(C)Nos.21478 of 2014 &
3385 of 2019 3 2025:KER:14126
BY ADVS.
SRI.M.K.THANKAPPAN, SC, GCDA
SMT.V.A.MINI, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.02.2025, ALONG WITH WP(C).21478/2014, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.21478 of 2014 &
3385 of 2019 4 2025:KER:14126
JUDGMENT
[WP(C) Nos.21478/2014, 3385/2019]
These two writ petitions are filed by the same
petitioner, essentially challenging the enhancement of rent
with respect to certain shop rooms obtained on lease by the
petitioner from the respondent-Authority.
2. Pointing out that the enhancement proposed
was arbitrary, the petitioner had filed objections before the
respondent-Authority. This Court, in an earlier writ petition
filed by the petitioner, had directed the respondent-Authority
to pass orders, considering the objections presented by the
petitioner as above.
3. On the basis of the afore, the respondent-
Authority has issued orders, disposing of the
complaints/objections filed by the petitioner making
reference to the lack of amenities pointed out by the
petitioner in the objections presented. The reasons behind
the increase in the monthly rent is also pointed out in the
impugned order issued by the respondent-Authority.
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4. It is in such circumstances that the captioned
writ petitions are filed challenging Ext.P13 in W.P.(C)No.3385
of 2019 and Ext.R2(a) in W.P.(C)No.21478 of 2014.
5. I have heard Sri.Paul K.Varghese, the learned
counsel for the petitioner in W.P.(C)No.3385 of 2019,
Smt.Geetha A.A. in W.P.(C)No.21478 of 2014 as well as the
learned Standing Counsel for the respondent-Authority -
Smt.V.A.Mini and Sri.M.K.Thankappan.
6. The challenge as against the decision taken
by the respondent-Authority in these writ petitions,
according to me does not arise for further consideration
insofar as the directions issued by this Court to consider the
objections filed by the petitioners have been complied with
and appropriate orders issued by the respondent-Authority,
pointing out the reasons for the increase in the rent.
7. If the increase in the rent as above, is not
acceptable to the petitioner, the petitioner is to vent out his
grievances elsewhere, in accordance with law.
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8. At the same time, I notice that the
petitioners have specifically taken up a contention to the
effect that the steps taken as regards the alleged arrears of
rent is not correct. The petitioner in the reply affidavit filed
in W.P.(C)No.3385 of 2019 has produced the receipts issued
by the respondent-Authority in evidence of the payments
effected by the petitioners of the disputed periods.
9. In such circumstances, while rejecting the
challenge against the impugned orders in these writ
petitions, I permit the petitioner to file an appropriate
representation with specific reference to the payments made
by him to the respondent-Authority, within a period of two
weeks from today.
If such a representation is being field by the
petitioners, the respondent-Authority to consider the same
and pass appropriate orders within a period of three weeks
thereafter.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
W.P.(C)Nos.21478 of 2014 &
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APPENDIX OF WP(C) 21478/2014
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE AGREEMENT DTD
30-1-1998.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 26-4-14.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 12-6-14.
EXHIBIT P4 TRUE COPY OF THE OBJECTION AND STATEMENT
DTD 25-6-14.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 1-7-2014.
EXHIBIT P6 TRUE COPY OF THE REPLY DATED 7-7-14.
EXHIBIT P7 TRUE COPY OF THE LAWYER NOICE DATED
9-7-14.
EXHIBIT P8 TRUE COPY OF THE LETTER NO. 1210/C-
14/1981/GCDA DTD. 6-8-14
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED
14-8-14.
EXHIBIT P10 TRUE COPY OF THE NOTIFICATION NO.
29/2012 SERVICE TAX DTD. 20-6-2012.
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED
7-8-14.
W.P.(C)Nos.21478 of 2014 &
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APPENDIX OF WP(C) 3385/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE AGREEMENT DATED
30.11.1998 EXECUTED BY THE 2ND
RESPONDENT IN FAVOUR OF THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE NOTICE NO 1210/C-
14/1981 GCDA DATED 1.7.2014 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE REPLY DATED 7.7.2014
ISSUED BY THE PETITIONER TO THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LAWYER NOTICE DATED
9.7.2014 ISSUED BY THE PETITIONER TO THE
2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE NOTICE NO 1210/C-
14/1981/GCDA DATED 6.8.2014 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER DATED 14.8.2014.
EXHIBIT P7 A TRUE COPY OF THE NOTICE NO
1210/C14/REVENUE/81/GCDA ISSUED BY THE
2ND RESPONDENT DATED 19.2.2018.
EXHIBIT P8 A TRUE COPY OF THE REPLY ISSUED BY THE
PETITIONER DATED 24.02.2018.
EXHIBIT P9 A TRUE COPY OF THE NOTICE NO
1517/C6B/CMDS/GCDA/2018 ISSUED BY THE
2ND RESPONDENT DATED 12.6.2018.
EXHIBIT P10 A TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER DATED 27.6.2018.
EXHIBIT P11 A TRUE COPY OF THE NOTICE NO 1210/C-
14/1981 GCDA ISSUED BY THE 2ND
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RESPONDENT DATED 18.7.2018.
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.28629/2018 DATED 30.8.2018
EXHIBIT P13 A TRUE COPY OF THE NOTICE
NO.C14/1210/81/GCDA DATED 22.12.2018.
EXHIBIT P14 A TRUE COPY OF THE LETTER NO.1210/C-
14/1981 GCDA/SN ISSUED BY THE SECRETARY
GCDA DATED 22.11.2021.
EXHIBIT P15 A TRUE COPIES OF THE RECEIPT SHOWN IN
THE YEAR 2018.
EXHIBIT P16 A TRUE COPY OF THE RECEIPTS SHOWN IN THE
YEAR 2019.
EXHIBIT P17 A TRUE COOPY OF THE RECEIPTS SHOWN IN
THE YEAR 2020.
EXHIBIT P18 A TRUE COPY OF THE RECEIPTS SHOWN IN THE
YEAR 2021.
EXHIBIT P19 A TRUE COPY OF THE LETTER NO.1210/C-
14/1981 GCDA/SN ISSUED BY THE SECRETARY
GCDA DATED 23.11.2021 AND SAME WAS GIVEN
ON 01.12.2021.
RESPONDENT EXHIBITS
ANNEXURE R2(a) TRUE COPY OF THE NOTICE DATED
16.11.2013.
ANNEXURE R2(b) TRUE COPY OF THE SHOW CAUSE NOTICE DATED
16.12.2013.
ANNEXURE R2(c) TRUE COPY OF THE NOTICE DATED
26.04.2014.
ANNEXURE R2(d) TRUE COPY OF THE SHOW CAUSE NOTICE DATED
12.06.2014.
W.P.(C)Nos.21478 of 2014 &
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ANNEXURE R2(e) TRUE COPY OF THE RESOLUTION NO.396/2012-
13 DATED 23.03.2013.
ANNEXURE R2(f) TRUE COPY OF THE RESOLUTION NO.224/17-18
DATED 27.01.2018.
ANNEXURE R2(g) TRUE COPY OF THE RESOLUTION NO.38/18-
2019 DATED 30.05.2018.
ANNEXURE R2(h) TRUE COPY OF THE LETTER DATED 8.11.2018.
ANNEXURE R2(i) TRUE COPY OF THE 1ST RESPONDENT AND
ISSUED A DETAILED LETTER DATED
22.12.2018 TO THE PETITIONER.
ANNEXURE R2(j) TRUE COPY OF THE STATEMENT OF ACCOUNT
UPTO 31.01.2021.
