IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 27822 of 2009(W) -------------------------- PETITIONER: --------------- S.MINI, NAVAS MANZIL, MURUKKUMPUZHA, THIRUVANANTHAPURM DIST. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENTS: --------------- 1. THE INSURANCE MEDICAL OFFICER, ESI DISPENSARY, CHAVARA, KOLLAM DIST. 2. THE DIRECTOR OF INSURANCE MEDICAL SERVICE VAZHUTHACADU, THIRUVANANTHAPURAM. 3. THE SECRETARY, LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 4. THE TAHSILDAR, KARUNAGAPPALLY, KOLLAM DIST. GOVERNMENT PLEADER SHRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27822 of 2009(W) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Lease deed dtd.6/12/97 EXHIBIT P2 : Gift deed dtd.4/2/1998 EXHIBIT P3 : Order G.O.(MS)No.16/95/PW &T dtd.9/3/95 issued by Public Works and Transport (E)Dept. EXHIBIT P4 : Letter issued by petitioner's mother before the 1st respondent dtd.25/9/2002 EXHIBIT P5 : Request made by the petitioner's mother before the 1st respondent dtd.23/2/05. EXHIBIT P6 : Request made by petitioner's mother before the Tahsildar, Karunagappally dtd 28/2/05. EXHIBIT P7 : Letter sent by 1st respondent to petitioner dtd.13/1/06. EXHIBIT P8 : Request made by petitioner before the Tahsildar, dtd.28/7/08. EXHIBIT P9 : Certificate issued by Tahsildar, Karunagappally dtd.17/2/09. EXHIBIT P10: Request made by petitioner before the respondents dtd.26/6/09 RESPONDENTS' EXHIBITS:Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.27822 of 2009 ------------------------------------------------ Dated this the 8th day of March, 2010 JUDGMENT The petitioner's building was taken on rent for the functioning of the ESI dispensary at Chavara. The building is numbered as 273/1 in Ward No.1 of Neendakara Grama Panchayat. This was leased out to the hospital for a period of three years from 1/10/1989 by the mother of the petitioner. The initial period of lease was for a period of three years from 1/10/1989. This was being renewed from time to time. Ext.P1 is the copy of the renewed lease deed dated 6/12/1997 wherein rent is fixed as Rs.2,435/-. The petitioner became the owner of the building and the property in terms of the Gift deed dated 4/2/1998 executed by the mother. Now the rent is due from 1999 onwards. The petitioner is relying upon Ext.P3 Government Order in the matter. Various requests were made by the petitioner and the mother but nothing has materialised so far. Ext.P6 is one of the requests made by the petitioner's mother before the Tahsildar in the matter. Finally, the Tahsildar has issued a certificate namely the land value certificate valid from 1/7/2008, and the same is produced as Ext.P9. W.P.(C)No.27822 of 2009 2 2. The learned counsel for the petitioner submitted that Ext.P9's validity is only from 1/7/2008 and therefore the petitioner is enabled to use the same only for claiming the rent from 1/7/1999 onwards. The learned Government Pleader submitted the land value certificate regarding the period 1/7/1999 upto 1/7/2008, will be issued without delay. Therefore there will be a direction to the fourth respondent, Tahsildar to issue land value certificate as requested for in Ext.P10 for the above period within a period of six weeks. Thereafter the certificate will be forwarded to the second respondent for appropriate sanction and second respondent will sanction the revision of rent within a further period of two months. The arrears will be disbursed without further delay as per the rates sanctioned by the second respondent. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj