IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 13135 of 2009(J) -------------------------- PETITIONERS: --------------- 1. P.M.SCARIA,AGED 56 YEARS S/O.MATHEW, CHARUVILAYIL VEEDU (MALLEL) PATHAVAL,PATHANAPURAM,KOLLAM DISTRICT. 2. MARY SCARIA, W/O.P.M. SCARIA OF DO..DO.. (PETITIONERS I AND 2 ARE REPRESENTED BY DR.OMMEN GEORGE,S/O.GEORGE, AGED 43, GEORGE BHAVAN, KADAKKAMON, PATHANAPURAM,KOLLAM DISTRICT. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT TRIVANDRUM. 2. THE SECRETARY TO FINANCE SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR OF TREASURIES O/O.DIRECTOR OF TREASURIES, TRIVANDRUM. 4. THE SUB TREASURY OFFICER PATHANAPURAM SUB TREASURY PATHANAPURAM P.O.,KOLLAM DISTRICT. 5. DASTHIKIR SAHIB S/O.BABA SAHIB, FATHIMA TOWERS PATHANAPURAM. BY GOVERNMENT PLEADER SRI.MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.13135 of 2009 -------------------------- Dated this the 28th May,2009 J U D G M E N T Petitioners claim that they had constructed a building on the strength of the promise held out by the Department of Treasury for the Sub Treasury Office, Pathanapuram. Exhibit-P1 agreement was also executed between the owners of the building and the 3rd respondent, the Director of Treasuries by which building was taken on lease by the Department for a period of three years at a monthly rent of Rs.6704/-. It is contended that Exhibit-P2 agreement was later renewed for another three years as evidenced by Exhibit-P3 and it has expired on 30.7.2007. According to the petitioners, the rent was then fixed as Rs.9723/-. Petitioners' complaint at this stage is that the respondents are taking steps to shift the Sub Treasury to another building which is situated about 200 meters away from their building. Consequently the rent payable to them as arrears is W.P ( C) No.13135 of 2009 2 Rs.2,43,075/-. 2. As regards the shifting of the Treasury office, it is obviously the wisdom of the Government Department which should prevail. But there is no reason why the request made by the petitioner as per Exhibit-P5 before the 3rd respondent should not be looked into by him. 3. Accordingly, there will be a direction to the 3rd respondent to consider Exhibit-P5 and take appropriate decision thereon, within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, the actual arrears of rent due to the petitioners shall be paid within the said time frame. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.13135 of 2009 3 W.P ( C) No.13135 of 2009 4