IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 12686 of 2005(I) -------------------------- PETITIONER(S): --------------- K.G.SATHYANANDAN, POOVANTHURUTHU VEEDU, KADAKKAVOOR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.N.DHARMADAN (SR.) SRI.M.R.SABU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVT.(H) DEPARTMENT, THIRUVANANTHAPURAM 2. DIRECTOR OF PANCHAYAT, OFFICE OF THE DIRECTOR OF PANCHAYAT THIRUVANANTHAPURAM. 3. EXECUTIVE OFFICER, KADAKKAVOOR SPECIAL GRADE PANCHAYAT, KADAKKAVOOR, CHIRAYINKEEZHU. ADV. SRI.M.BALAGOVINDAN FOR R3 SRI.SASITH.M.R FOR R3 GOVERNMENT PLEADER SMT.K.R.DEEPA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.12.2008, THE COURT ON 04/12/2008 DELIVERED THE FOLLOWING: W.P(C).No. 12686/05. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE JUDGMENT IN O.P.NO.31936/02 OF THIS COURT. P1A. COPY OF THE JUDGMENT IN A.S.NO.49/99 OF THIS COURT. P2. COPY OF THE COVERING LETTER DTD.21.10.04 TO THE DIRECTOR OF PANCHAYAT. P2A. COPY OF THE REPLY AFFIDAVIT IN O.P.NO.31936/02. P3. COPY OF THE RENT DEED. P4. COPY OF THE RENT CERTIFICATE. P4A. COPY OF THE ORDER DTD.13.10.93. P4B. COPY OF THE ORDER DTD.5.4.94. P5. COPY OF THE ORDER DTD.18.3.05 BY THE GOVT. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.12686 of 2005 ================== Dated this the 4th day of December, 2008 J U D G M E N T The petitioner is the owner of a building in Kadakkavoor Panchayat, which was given on lease to the Panchayat for conducting an ayurveda hospital. The petitioner's grievance in this original petition is regarding the refusal on the part of the Panchayat to pay reasonable enhancement in rent from time to time. The petitioner earlier approached this Court by filing O.P.No.31936/2002, which was disposed of by a Division Bench of this Court by Ext.P1 judgment. Going by that judgment apparently impressed by the claim of the petitioner, the Division Bench directed the Director of Panchayats to consider the question of revision of rent based on Ext.P2 series of rent certificates issued by the concerned Engineers, which are produced as Ext.P4 series in this writ petition also. The petitioner's contention is that going by Ext.P4 series the petitioner is entitled to revised rate of rent as follows: w.p.c.12686/05 2 Sl. No. Period of revision Revised rate of rent Payable (Rs.) Rate of rent paid (Rs.) 1. 1.10.86 to 30.6.90 (45 months) 1,355 p.m. 859.00 2. 1.07.90 to 30.6.93 (36 months) 1,582 p.m. 859.00 3. 1.7.03 to 31.5.95 (23 months) 2,200 p.m. 859.00 4. 1.6.95 to 31.12.99 (55 months) 2,200 p.m. 859.00 However, the Government by Ext.P5 order, directed that for the period from 1.4.1994 to 30.9.1999 the petitioner be paid enhanced rate at the rate of Rs.1355/- per month. The petitioner is challenging Exts.P5 order and seeking the following reliefs in this original petition. “(a) issue a writ of certiorari or other writ or order calling for the papers leading upto Ext.P5 and quash it and all further orders to the extent of denying the higher rate of rent in terms of Ext.P4 and P4(a) (b) order; (b) issue a writ of mandamus or other writ or order direction directing the respondents to disburse the arrears of higher rate of rent for the building owned by the petitioner for the period from 1.10.1986 to 31.12.1999 from the Panchayat fund at the rate fixed by the P.W.D. as per orders Ext.P4 and P4(a). (c) to higher rate of rent in terms of Ext.P4 and P4(a) from the dates shown therein till 31.12.99 with 12% interest as calculated and shown in paragraph 2 above as per Ext.P4 and P4(a) of P.W.D.” 2. According to the petitioner, going by Ext.P1 judgment, the 2nd respondent herein had been directed to consider the w.p.c.12686/05 3 question of revision of rent on the basis of Ext.P4 series of rent certificates issued by the concerned engineers. Going by those certificates, the petitioner is entitled to enhanced rent as claimed. 3. No counter affidavit has been filed in this case. The learned Government Pleader submits that by Ext.P5, a reasonable rent has been fixed by the Government and the petitioner is not entitled anything more than that. 4. I have considered the rival contentions in detail. 5. On a reading of Ext.P1 judgment of the Division Bench it is clear that the Division Bench directed the Director of Panchayat to consider the question regarding revision of rent on the basis of Ext.P4 series of rent certificates issued by the engineers. Of course by Ext.P4 series of certificates for which enhanced rent has been suggested is not clear for at least upto 1990. In any event, the Chief Engineer had, by Ext.P4(b), recommended revised rent at the rate of Rs.2200/- per month with effect from 1.7.1993. Going by the rate of revised rent claimed by the petitioner I find that the increase in rent claimed is more than reasonable. That being so, I am satisfied that the petitioner should be paid the enhanced rent as claimed by him, w.p.c.12686/05 4 which is reproduced above. In the above circumstances, this writ petition is disposed of with a direction to the 3rd respondent to pay to the petitioner the rent for the period from 1.10.1986 to 31.12.1999 at the rates mentioned in the table reproduced above. Arrears due after deducting the amounts already paid in accordance with the interim orders of this Court shall be paid within two months from the date of receipt of a certified copy of this judgment. The question of interest is left open to be agitated by the petitioner in appropriate proceedings. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.12686/05 5