IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WA.No. 1613 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.18469/2009 Dated 02/07/2009 .................... APPELLANTS/PETITIONERS: -------------------------- 1. SHEMEER.M.A., AGED 31 YEARS, S/O.ABOOBACKER, MOOTHEDDOM HOUSE, KANDANTHARA, ALLPARA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 2. UMMER M.P., AGED 38 YEARS, S/O.PAREETH, MULLADAN HOUSE, EDAVOOR P.O., ONAMPILLY, ERNAKULAM DISTRICT. BY ADV. SRI.C.A.NAVAS RESPONDENTS/RESPONDENTS: ---------------------------------- 1. PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARAY, PERUMBAVOOR MUNICIPALITY, ERNAKULAM DISTRICT. 2. THE CHAIRPERSON, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE SECRETARY TO GOVERNMENT LOCAL SELF DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY SRI.V.M. KURIAN, SC. R3 BY SR. GOVT. PLEADER, SRI.BENJAMIN PAUL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1613 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 27th day of July, 2009 JUDGMENT Kurian Joseph, J. Appellants are the writ petitioners. They approached this Court challenging the notice issued by the Municipality proposing to forfeit the one third portion of the security deposit made by them, on the ground that petitioners have not paid the balance two third within the permitted time of two weeks. It was also informed to the petitioners by the Municipality that they had to pay the rent with effect from January 2009 onwards. 2. Learned Single Judge dismissed the writ petition refusing to grant any relief. The request for consideration of Ext.P11 representation was also declined, holding that in commercial transactions, the Municipality is bound by its own terms and any relaxation would be discriminatory. 3. Though various grounds are taken in the writ appeal, learned counsel for the appellants submits that in the peculiar WA No.1613/09 -:2:- facts and circumstances of the case, the appellants may be granted two weeks' time for payment of the balance of the security deposit and the rent arrears. Without expressing any opinion as to the merits of the appeal and the contentions taken by the parties, we permit the appellants to remit the balance of the security deposit and the rent arrears as per the agreement within two weeks from today. It is made clear that in case the amounts are not deposited as above, it will be open to the Municipality to proceed with the steps as per Exts.P9 and P10. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.1613/09 -:3:-