IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 33966 of 2011(U) ------------------------------------- PETITIONERS: 1. H.N. VIJAYAN, 'HARIPURTHU', EAST FORT, MAVELIKKARA, SHOP ROOM NO. 2 AND 3 OF DEVASWOM BOARD SHOPPING COMPLEX, SOUTH OF KSRTC, MAVELIKKARA. 2. S. SANKARA, 'PUNCHAKALA THARAYIL', KOIPPALLY KARAZHAMA, MAVELIKKARA, SHOP ROOM NO. 4 OF DEVASWOM BOARD SHOPPING COMPLEX, SOUTH OF KSRTC, MAVELIKKARA. 3. P.K. MURALEEDHARAN, 'PANAYNNA MURIYIL', KOTTARAKAVU, MAVELIKKARA, SHOP ROOM NO. 5 OF DEVASWOM BOARD SHOPPING COMPLEX, SOUTH OF KSRTC, MAVELIKKARA. 4. M. KRISHNA KUMAR,'VENATT', MAVELIKKARA, SHOP ROOM NO. 7 OF DEVASWOM BOARD SHOPPING COMPLEX, SOUTH OF KSRTC, MAVELIKKARA. 5. C. SASIDHARAN PILLAI, 'ANUPAMA', KOTTARKAVU, MAVELIKKARA, SHOP ROOM NO. 8 OF DEVASWOM BOARD SHOPPING COMPLEX, SOUTH OF KSRTC, MAVELIKKARA. 6. KANAKALATHA, 'SANJU BHAVAN', KADIYOOR, MAVELIKKARA, SHOP ROOM NO. 13 OF DEVASWOM BOARD SHOPPING COMPLEX, SOUTH OF KSRTC, MAVELIKKARA. 7. K. SANKARA PILLAI, 'ELLIKULATHU', KOTTARKAVU, MAVELIKKARA, DENTAL CLINIC -IST FLOOR, DEVASWOM BOARD SHOPPING COMPLEX, SOUTH OF KSRTC, MAVELIKKARA. BY ADV. SMT.R.RANJINI RESPONDENTS: 1. TRAVANCORE DEVASWOM BOARD, REP. BY SECRETARY, THIRUVANANTHAPURAM-695 001. 2. THE ASSISTANT DEVASWOM COMMISSIOINER, TRAVANCORE DEVASOM BOARD, MAVELIKKARA - 690 101. BY ADV. SRI.K.N.VENUGOPALA PANICKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 33966/2011 EXT. P1 TRUE COPY OF THE ORDER DT. 24.3.08 IN DBA 8/2008 EXT. P2 TRUE COPY OF THE ORDER PASSED BY THIS COURT IN DBA 59/2006 EXT. P3 TRUE COPY OF THE ORDER PASSED BY THIS COURT IN DBA 95/2006 EXT. P4 TRUE COPY OF THE ORDER PASSED BY THIS COURT IN DBA 10/2007 EXT. P5 TRUE COPY OF THE NOTICE DT. 15.11.2011 ISSUD BY THE BOARD /TRUE COPY/ Thottathil B.Radhakrishnan & M.L.Joseph Francis, JJ. ------------------------------------------------------------- W.P.(C)No.33966 of 2011 U ------------------------------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. We have heard learned counsel for the petitioners and learned standing counsel for the Travancore Devaswom Board. 2. The short issue is the challenge to Exhibit P5 notice, by which the Devaswom Board has demanded 10% enhanced rate of rent for the current year. We think that the last revision having been in 2008, it is only appropriate that there is a revision now. Last time, the rent was enhanced by 15% for three years. Therefore, we direct that if the petitioners pay the rent at the demanded enhanced rate of 10% for the year, the rate to be applied for the succeeding years will be decided by the Board after giving WPC 33966/2011 2 the petitioners an opportunity of hearing and taking into consideration the over all facts and circumstances and the fact that petitioners say that they are petty traders. Writ petition is ordered accordingly without expressing anything on merits. (Thottathil B.Radhakrishnan, Judge) (M.L.Joseph Francis, Judge) tkv