IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 24118 of 2009(H) -------------------------- PETITIONER: --------------- S.MEENAKSHMI AMMAL, D/O.THEKKUMPURAM S.SUBRAHMANIYA IYER, VENUGOPAL LODGE, SOUTH NADA, GURUVAYUR. BY ADV. SMT.SADHANA KUMARI ESWARI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEVASWOM AND REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. GURUVAYUR DEVASWOM, MANAGING COMMITTEE, REPRESENTED BY ITS ADMINISTRATOR, GURUVAYUR. 3. THE ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR. R1 BY SR. GOVT. PLEADER SHRI. R. LAKSHMINARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/8/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------- W.P(C) NO: 24118 OF 2009 ----------------------------------------------------------------------------------- Dated this the 21st August, 2009. JUDGMENT RAMAN, J. Petitioner is an occupant in Guruvayur venugopal lodge, which is under the ownership and control of the Guruvayur Devaswom. Earlier petitioner was occupying a line building belonging to the Devaswom on payment of only Rs.40/- by way of rent per month. She has a right to continue to reside in the said rent building for her life time by paying the said rent and places reliance on Ext.P1 for that purpose. So, however, that line building has been demolished and prior thereto the Devaswom asked the petitioner and other persons to shift to Venugopal lodge, whereupon the petitioner vacated the line building and shifted to the Guruvayur Devaswom Lodge. She has started residing in the Venugopal Lodge since 2007. But no rent is paid by her. The Devaswom, by Ext.P2 has demanded an amount of Rs.500/- by way of rent. Ext.P2 also shows that a decision was taken by the Administrative Committee to collect rent at the rate of Rs.200/- WPC 24118/2009 2 from the day on which she started residing and to collect the arrears in six equal instalments. According to the petitioner Ext.P4 was issued thereafter in implementation of Ext.P2. According to the petitioner she is a spinster aged 73 and she is also disabled. There is nobody to look after her, except Lord Guruvayurappan. According to her she has no income of her own and she is only receiving a paltry sum of Rs.200/- by way of disability pension. In the circumstances she has approached this Court by filing this writ petition. 2. Even though a representation was made by the petitioner, the same was disposed of in the usual manner without adverting to the grounds urgently. Her financial status, age, and her disability were not taken into consideration while rendering the decision. 3. We heard both sides. 4. Obviously none of the factors pointed out by the petitioner did receive any consideration by the authorities. Accordingly Ext.P4 is quashed and the respondent is directed to reconsider the matter and pass appropriate orders. Till then no coercive steps shall be taken to evict the petitioner on the sole ground of non- payment of the amount as demanded in Ext.P2. As an interim WPC 24118/2009 3 measure until a decision is taken petitioner will pay an amount of Rs.40/- per month effective from September 2009. Writ petition is disposed of accordingly. P.R.RAMAN Judge K. SURENDRA MOHAN Judge jj P.R.RAMAN& K.SURENDRA MOHAN, JJ. --------------------------------------- L.A.A.NO: --------------------------------------- JUDGMENT Dated: