IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WA.No. 1828 of 2007(B) ---------------------- AGAINST THE JUDGEMENT IN WPC.19318/2007 Dated 25/06/2007 .................... APPELLANT(S): PETITIONERS ------------------------- 1. A.GOPALAKRISHNAN, S/O.A.ARUMUGHAN, "DEEPTHI", BEYPORE, KOZHIKODE DISTRICT. 2. K.C.CHACKO, S/O.K.C.CHUMMAR, SHARON, KALOOR ROAD, MANKKAVU, CALICUT-7. 3. K.K.SOMAN, S/O.KUTTAN, KRURUNNANVELIL HOUSE, MALAPPARAMBA,CALICUT-9. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): RESPONDENTS -------------------------- 1. KOZHIKKODE CORPORATION, REPRESENTED BY ITS SECRETARY, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORP FOR R1 SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.A.1828/2007 -------------------------------- Dated this 3rd day of March, 2009 JUDGMENT Koshy (Ag.C.J.) Petitioners took possession of certain shop rooms from the year 1987 for conducting business. As per Ext.P1, rent was increased by 20% and a decision to grant time upto 31.1.94 to pay the arrears of licence fee was taken. After three years, again rent was increased by 15%. Learned Judge did not interfere with the increased charges, but however, allowed the prayer of the petitioners to pay the amount in instalments to avoid eviction from the building. It is submitted that the petitioners paid the amount. Now the petitioners' contention is that the penal interest awarded at the rate of 18% is very high. It is submitted that earlier petitioners were granted time, as they had filed a representation before the Government. We have considered the matter in detail. Considering the rate of interest and the fact that the petitioners were granted instalment facility by this W.A.1828/2007 2 Court, we direct the Corporation to reduce the interest from 18% to 12% and revised demand shall be made by the Corporation based on the actual delay in payment, within one month from the date of receipt of a copy of this judgment. Arrears shall be paid by the petitioners without further delay. Writ appeal is disposed of as above. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs