IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28931 of 2011(N) -------------------------------------- PETITIONER: ------------------- K.SHANKARA PILLAI,AGED 62 YEARS, S/O.LATE KUNJIKRISHNA PILLAI, KOLADATH HOUSE,PUNNAKULAM P.O, KULASEKHARAPURAM,KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.ELDHO PAUL. RESPONDENTS: ------------------------ 1. THE INSURANCE MEDICAL OFFICER, E.S.I DISPENSARY,KULASEKHARAPURAM, KARUNAGAPPALLY, KOLLAM DISTRICT 691 001. 2. THE DIRECTOR OF INSURANCE, MEDICAL SERVICES, DIRECTORATE OF INSURANCE MEDICAL SERVICES, THIRUVANANTHAPURAM 695 014. 3. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D BUILDING SECTION, KARUNAGAPPALLY, KOLLAM- 691 001. R2 & R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28931/2011-N: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 1.03.2011 NO.98/11. EXHIBIT P2. TRUE COPY OF THE LETTER ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT DATED 28.05.2011. EXHIBIT P3. TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE IST RESPONDENT DATED 02.06.2011 NO.A 2 9276/11/DIMS. EXHIBIT P4. TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE IST RESPONDENT NO.D2-465/2011 DATED 10.08.2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J ....................................................... W.P.(C).28931/2011 .............................................. Dated this the 31st day of October, 2011 JUDGMENT Petitioner has let out a building bearing No.KSPX/141 in Ward No.XII of Kulasekharapuram Panchayath in Kollam District for the use of the first respondent. Petitioner submits that though the lease was renewed till 2009, rent was not periodically revised subsequent to 1.12.1994. Therefore, he made Ext.P1 request to the first respondent for revision of the rent, for the period from 1.12.1994. 2. The first respondent took up the request of the petitioner with the second respondent by Ext.P2 and the second respondent conveyed his no objection by Ext.P3. However, the third respondent issued Ext.P4, which reads thus:- “As per Government Order G.O.(MS) No.16/95/PW & T dated 9.3.1995 “The owner of the building is eligible for revision of rent only after the expiry of the lease deed or the date of requisition of the owner for revision of rent which ever is later”. The requisition of the owner is on 28.3.2011. Hence the rent can revised only from the requisition date as per the G.O reference cited from 28.3.2011. So W.P.(C).28931/11 2 you are requested to re-submit the proforma for revision of rent from 28.3.2011 onwards with land value certificate valid with effect from 1.3.2011.” 3. It is on receipt of Ext.P4, the writ petition has been filed challenging the same and requesting for revision as sought for. 4. A reading of Ext.P4 shows that as per the Government Order referred to therein, the land lord can claim revision of rent only on expiry of the existing lease or from the date of requisition for revision of rent, whichever is later. So long as this Government Order remains unchallenged and is in force, respondents are bound by this order and if that be so, the request now made by the petitioner evidenced by Ext.P1, could not have been accepted. Therefore, the stand taken by the third respondent in Ext.P4 cannot be said to be faulty. 5. At this stage, the learned counsel for the petitioner submits that the petitioner may be permitted to claim revision of rent prospectively. As a land lord he may be entitled to do so and if such a claim is raised, necessarily the respondents should process W.P.(C).28931/11 3 the same in terms of the Government Order relied on in Ext.P4. With that liberty , the writ petition is disposed of. It is clarified that if any such claim is lodged by the petitioner, same shall be processed without delay. ANTONY DOMINIC, Judge mrcs