IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 22875 of 2008(W) -------------------------- PETITIONER(S): --------------- M/S. SREEKRISHNA VILASAM NSS KARAYOGAM NO.698, KEEZHCHERIMEL, CHENGANNUR, REP. BY ITS PRESIDENT DR.G. RAJAGOPAL, KADAVILETHU HOUSE, KEEZHCHERIMEL MURI, CHENGANNUR - 689 121. BY ADV. SRI.S.ABHILASH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINE, AROGYA BHAVAN, THIRUVANANTHAPURAM. 3. THE SENIOR MEDICAL OFFICER, GOVT. AYURVEDIC HOSPITAL, CHENGANNUR. 4. CHENGANNUR MUNICIPALITY REP. BY ITS SECRETARY, MUNICIPAL OFFICE, CHENGANNUR. 5. THE SUB TREASURY OFFICER, CHENGANNUR. ADV. SRI.S.HARIKRISHNAN, SC, MC, CHENGANNUR FOR R4 GOVT. PLEADER SHRI.DILIP MOHAN FOR R1 TO 3, 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 22875/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE RENT CERTIFICATE DTD.20.10.04. P2. -DO- P3. COPY OF THE COMMUNICATION DTD.8.11.06 BY R2. P4. COPY OF THE JUDGMENT IN W.P.(C).No. 12069/07 DTD.27.11.07. P5. COPY OF THE GOVT. ORDER DTD.8.2.2008 BY R1. P6. COPY OF THE REPRESENTATION DTD.NIL BEFORE R4. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.22875 of 2008 ================== Dated this the 26th day of August, 2009 J U D G M E N T The petitioner is the owner of a building which has been let out to the 4th respondent-Municipality. The complaint of the petitioner in this writ petition is that the rent due from the 4th respondent is not being paid. The petitioner, therefore, seeks the following reliefs: “(i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to draw and disburse the revised monthly rent @ Rs.5,000/- p.m. w.e.f. 20.4.1997 to 19.4.2000 as sanctioned vide Ext.P5 G.O. along with the arrears of rent for the last 11 years from 20.4.1997 onwards till date, as expeditiously as possible. (ii) Issue a writ of mandamus directing the 1st respondent to sanction the recommended revision of rent @ Rs.3524/- p.m. w.e.f. 20.4.1994 to 19.4.1997 as evident from Ext.P1 rent certificate and Ext.P3 Communication and to direct all the respondents to release the arrears of rent rising thereof for the last 14 years since 20.4.1994 till date within a short time limit. (iii) Issue a writ of mandamus directing the respondents 2, 4 and 5 to release the regular monthly rent of the rented buildings of the petitioner @ Rs.3,200/- p.m. as fixed earlier w.e.f. October 2007 to till date, as expeditiously as possible. (iv) Grant such other reliefs to be granted by this Hon'ble Court. (v) grant the cost of this Original Petition.” 2. In I.A.No.13030/2008, this Court passed the following order on 20.10.2008. “Learned counsel for the Chengannur Municipality seeks time to file a counter affidavit. In the meanwhile it is assured that the current rent at the rate of Rs.3200/- per month shall be paid along with the arrears thereon from October, 2007 within two weeks from today and it shall be continued to be paid as and when it becomes due.” 2 This Court again passed another order on 10.12.2008 as follows. “Having heard the counsel on both sides, there will be a direction to the 4th respondent to see that the amount due to the petitioner by way of revised rent pursuant to Ext.P5 Govt order is actually paid with arrears, on or before 15.1.2009. Post in the last week of January, 2009.” 3. A counter affidavit has been filed by the 4th respondent, in which, the liability to pay the rent is not disputed. Pursuant to the interim orders, arrears have been released. In the above circumstances, this writ petition is disposed of in terms of the interim orders with a further direction that the 4th respondent shall continue to pay the rent every month without default. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge