IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 2691 of 2008(U) ------------------------- PETITIONER: ------------ 1. THE MERCHANT'S ASSOCIATION, REG.NO.S.45/1, CHERTHALA-688524, REPRESENTED BY GENERAL SECRETARY, SRI.BABU JOHN. 2. N. SUKUMARAN, S/O. NARAYANAN, PANANGATTUVELI HOUSE, CSP-5, KURUPPAMMULANGARA P.O CHERTHALA. 3. C.K. PRAVEEN, S/O. KRISHNAPPAN, VRINDAVAN, CMC 18, CHERTHALA P.O., CHERTHALA. 4. SHAILAJA, D/O. T.P.THANKAPPAN, THRIVENI, CMC 31, CHERTHALA P.O., CHERTHALA. BY ADV. SRI.RAJU JOSEPH RESPONDENTS: ------------- 1. THE CHERTHALA MUNICIPALITY, CHERTHALA, REPRESENTED BY ITS SECRETARY. 2. K.V. JOHN, KARIYIL, CMC 26, CHERTHALA MUNICIPALITY, CHERTHALA P.O. 3. VALSALA, POMPOZHICHIRA, CMC 12, CHERTHALA MUNICIPALITY, CHERTHALA P.O. 4. VASU MURALI, VELIYIL, CMC 23, CHERTHALA MUNICIPALITY, CHERTHALA P.O. 5. THRESSIA CHACKO, KUNNURPURAM, CMC 22, CHERTHALA MUNICIPALITY, CHERTHALA P.O. 6. PERUMAL PILLAI, S/O. MAYANDI PILLAI, KUNNEMMELVELY, CHERTHALA NORTH MURI OF CHERTHALA NORTH VILLAGE, CHERTHALA TALUK. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) SRI.SUNI M.D. SRI.T.JAYAKRISHNAN SRI.J.OMPRAKASH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 2691 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of February, 2008 JUDGMENT It is now submitted that lots have been taken and as per the lots, rooms have been alloted to the petitioners. The grievance of the petitioners voiced through their counsel Sri.Raju Joseph is that the Municipality is now demanding a sum of Rs. 4,00,000/- as deposit instead of Rs. 2,00,000/- which was the amount received from other tenants. The grievance of the 6th respondent is that in the lots taken, no room has now been allotted to him. I am of the view that the grievances voiced by the petitioners and the 6th respondent is to be considered and decided by the Municipality separately. The Municipality is directed to issue a hearing notice to the petitioners regarding the amounts to be deposited by them. The petitioners will be heard in response to that notice and thereafter only the Municipality will decide as to what is the amount to be deposited by the petitioners for the rooms which are alloted to them in the lots WPC.No.2691/08 2 taken. It is open to the petitioners to highlight before the Municipality during hearing all circumstances which may justify reduction in the amounts now demanded or a treatment at par with the allot tees of other rooms. The 6th respondent, who has not been allotted any room in the lots, is permitted to submit a representation before the Municipality voicing all his grievances and if such a representation is received by the Municipality within two weeks from today, Municipality will consider that representation, show as much sympathy as possible and take a decision at the earliest. Considering the directions herein above given, Municipality is directed not to allot three rooms including those which are alloted to the petitioners as per lots to anybody else before the issue is settled between the petitioners and the 6th respondent. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.2691/08 2