IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 18573 of 2002(J) ----------------------- PETITIONER: ------------ THE MUSLIM ASSOCIATION, THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY M.M.HUSSAIN. BY ADV. SRI.L.MOHANAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,THIRUVANANTHAPURAM. 3. TAHSILDAR (RR),THIRUVANANTHAPURAM. 4. VILLAGE OFFICER,VANCHIYOOR. BY GOVERNMENT PLEADER SMT. SMITHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 31642 OF 2002 IN OP 18573 OF 2002 DISMISSED 11.1.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REGISTRATION CERTIFICATE AND BYE-LAW OF THE PETITIONER ASSOCIATION. EXT.P2 TRUE COPY OF GOVERNMENT ORDER DATED 28.1.1995 IN G.OMS 95/RD/75. EXT.P3 TRUE COPY OF LEASE RENT RECEIPT FOR THE LAST PAYMENT FOR THE YEAR 1992-93 DATED 19.3.93 EXT.P4 TRUE COPY OF THE NOTICE SERVED ON THE PETITIONER ON 2.7.2002 BY THE RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF G.O.MS. NO.1026/85/RD DATED 19.12.85 EXT.R1(b) TRUE COPY OF G.O.P.NO. 566/95/RD DATED 13.11.95 TRUE COPY P.S.TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 18573 OF 2002 -------------------------------------------- Dated this the 11th day of January, 2008 JUDGMENT Petitioner is occupying Govt. property on lease. Even though initially paltry amounts were recovered, Government periodically increased the rent at various percentage of the market value of the land. Petitioner's case is that under G.O. issued in 2004, the rate of lease rent is reduced to 2.5 per cent of the market value. Government Pleader submitted that the said G.O. is not applicable to the petitioner and petitioner has constructed a marriage hall and is letting out the property, thereby commercially exploiting the property. Since liability as on today is around Rs. 1.27 crores and since petitioner is commercially exploiting the property, stay order is modified and extended by six months or till fresh orders are issued by the District Collector, whichever is earlier, on condition that petitioner will remit Rs. 35 lakhs within one month from the date of receipt of a copy of this judgment. If payment is not made stay will stand vacated and recovery can be continued and petitioner can be dispossessed forthwith. 2 However, if payment is made as above, then recovery of the balance will be based on District Collector's order. The Collector is directed to pass fresh orders on lease rentals after hearing petitioner within two months from the date of payment of Rs. 35 lakhs. O.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3