Kerala High Court
Sathar. E vs Pandalam Municipality on 26 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:46361
WP(C) NO. 21544 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(C) NO. 21544 OF 2025
PETITIONERS:
1 SATHAR. E
AGED 62 YEARS
S/O. IBRAHIM RAWTHER,MADATHIL HOUSE, THONNALUR
MURI, ADOOR TALUK, PANDALAM MUNICIPALITY,
PATHANAMTHITTA DISTRICT, PIN - 689501.
2 P.R. GOPALA PILLAI
AGED 85 YEARS
S/O. RAMAKRISHNA KURUP, SREE BHAVAN, PANDALAM.
P.O., THONNALLUR, PATHANAMTHITTA DISTRICT, PIN -
689501.
3 FAKKIR MOHAMMED. M
AGED 77 YEARS
S/O. MOHAMMED KASSIM RAWTHER, MOOPPARU VEEDU,
EDATHARA, MANGARAM, PANDALAM, ADOOR
TALUK,PATHANAMTHITTA DISTRICT, PIN - 689501.
4 AL AMEEN. A
AGED 48 YEARS
S/O.(LATE) A. ABDUL SALAM, DARUL SALAM, PANDALAM.
P.O., MANGARAM, PATHANAMTHITTA DISTRICT, PIN -
689501.
5 NAZAR RAWTHER
AGED 63 YEARS
S/O. S. MUHAMMED KHAN RAWTHER, ANJU MANZIL
PANDALAM. P.O.,THONNALLUR, PATHANAMTHITTA
DISTRICT, PIN - 689501.
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WP(C) NO. 21544 OF 2025
2
6 SHANAVAS KHAN. T.
AGED 55 YEARS
S/O.DHAVOODH KHAN RAWTHER, VASIM MANZIL,
MANGARAM, PANDALAM. P.O., PATHANAMTHITTA
DISTRICT, PIN - 689501.
BY ADVS.
SRI.M.NARENDRA KUMAR
SMT.HARSHADEV M.
RESPONDENT/S:
1 PANDALAM MUNICIPALITY
OFFICE OF THE PANDALAM MUNICIPALITY,
PANDALAM.P.O., PATHANAMTHITTA DISTRICT, REP. BY
IT'S SECRETARY, PIN - 689501.
2 THE SECRETARY
PANDALAM MUNICIPALITY, OFFICE OF THE PANDALAM
MUNICIPALITY, PANDALAM.P.O., PATHANAMTHITTA
DISTRICT, PIN - 689501.
BY ADV SMT.T.S.MAYA (THIYADIL), SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 21544 OF 2025
3
C.S.DIAS, J.
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WP(C) No. 21544 of 2025
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Dated this the 26th day of June, 2025
JUDGMENT
The writ petition is filed to direct the 2 nd
respondent to consider Ext.P2 representation
expeditiously.
2. The petitioners are conducting various
businesses in the shop rooms belonging to the 1 st
respondent-Municipality. Alleging arrears of licence
fee, the 2nd respondent has evicted the petitioners from
the said shop rooms. Accordingly, the petitioners have
submitted Ext.P2 representation before the 2 nd
respondent on 31.05.2025, but the same has not been
considered till date. Hence, the writ petition.
3. Heard; the learned counsel for the petitioners
and the learned Standing Counsel for the respondents.
4. The learned Standing Counsel for the
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WP(C) NO. 21544 OF 2025
respondents submits that the petitioners have to pay
substantial arrears of rent to the 1 st respondent-
Municipality. If the petitioners pay 20% of the arrears
of rent as on 31.05.2025 and also undertake to pay the
remaining 80% of the arrears, in equated monthly
instalments, by March, 2026, the 2nd respondent is
willing to consider Ext.P2 representation and re-induct
the petitioners in the shop rooms.
5. On a consideration of the facts and materials
on records and the submissions made by the learned
Standing Counsel for the respondents, I dispose of this
writ petition by permitting the petitioners to remit 20%
of the arrears due to the 1st respondent-Municipality as
on 31.05.2025 and also file an unconditional
undertaking before the 2nd respondent that they would
pay the remaining 80% arrears along with the future
monthly rent on or before 31.03.2026, in equated
monthly instalments, and if they fail to pay the said
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WP(C) NO. 21544 OF 2025
arrears, they would unconditionally vacate the shop
rooms. Immediately on the petitioners remitting the
20% of the arrears of rent and filing the undertaking
mentioned above, the 2nd respondent shall
compassionately consider Ext.P2 representation and re-
induct the petitioners in the shop rooms mentioned in
the writ petition. The above exercise shall be done
within one week from the date on which the petitioners
pay the above amount and file the undertakings.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 21544 OF 2025
APPENDIX OF WP(C) 21544/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF DEMAND NOTICE ISSUED BY THE
RESPONDENT TO THE 1ST PETITIONER IS
DATED 25.03.2025 THE RENT IN RESPECT OF
ROOM NO. 18 TO THE TUNE OF
RS.5,39,206 /-INCLUDING GST)
EXHIBIT P1(A) TRUE COPY OF DEMAND NOTICE ISSUED BY THE
RESPONDENT TO THE 1ST PETITIONER IS
DATED 25.03.2025 THE RENT IN RESPECT OF
ROOM NO. 46 TO THE TUNE OF RS.2,27,124/-
INCLUDING GST),
EXHIBIT P(B) TRUE COPY OF DEMAND NOTICE ISSUED BY THE
RESPONDENT TO THE 2ND PETITIONER IS
DATED 25/03/2025 THE RENT IN RESPECT OF
ROOM NO. 19 TO THE TUNE OF RS.1,46,652/-
INCLUDING GST), ALONG WITH TYPED COPY
EXHIBIT P1(C) TRUE COPY OF DEMAND NOTICE ISSUED BY THE
RESPONDENT TO THE 3RD PETITIONER IS
DATED 25/03/2025 THE RENT IN RESPECT OF
ROOM NO. SC 11 TO THE TUNE OF
RS.2,14,968/-INCLUDING GST),
EXHIBIT P1(D) TRUE COPY OF DEMAND NOTICE ISSUED BY THE
RESPONDENT TO THE 5TH PETITIONER IS
DATED 25.03.2025 THE RENT IN RESPECT OF
ROOM NO. 7 TO THE TUNE OF RS.7,58,080/-
INCLUDING GST),
EXHIBIT P1(E) TRUE COPY OF DEMAND NOTICE ISSUED BY THE
RESPONDENT TO THE 6TH PETITIONER IS
DATED 20.07.2024 THE RENT IN RESPECT OF
ROOM NO. SC 13TO THE TUNE OF RS
4,13,365/-INCLUDING GST),
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM SUBMITTED BY
THE PETITIONERS TO THE 2ND RESPONDENT
DATED 31.05.2025 ALONG WITH TYPED COPY
EXHIBIT P3 TRUE COPY OF THE RECEIPT EVIDENCING THE
ACKNOWLEDGEMENT OF RECEIPT OF THE
PETITIONER DATED 31.05.2025
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
13.11.2024 IN W.P. (C) NO. 28705/2024
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WP(C) NO. 21544 OF 2025
EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE 2ND RESPONDENT TO THE 3RD PETITIONER
DATED 10.06.2025 ALONG WITH TYPED COPY
