IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 37690 of 2008(J) -------------------------- PETITIONER(S): ------------------ MUHAMMED ASEEM P.K., S/O. K.KUNJUMON, AGED 33 YEARS, PUTHANPEEDIKAYIL HOUSE, EMILY KALPETTA P.O., WAYANAD DISTRICT. BY MR.BINOY VASUDEVAN,ADVOCATE RESPONDENT(S): --------------- 1. KALPATTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, KALPETTA MUNICIPALITY. BY MR.JOE JOSEPH KOCHIKUNNEL,ADVOCATE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.37690/2008 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE RESPONDENTS. EXT.P2: COPY OF THE PLAINT IN O.S.No.65/2008 OF MUNSIFF'S COURT, KALPATTA. RESPONDENT'S EXHIBITS: EXT.R1(a) & R1(b): COPY OF THE NOTICES DATED 31.05.2008 AND 18.08.2008 ISSUED BY THE MUNICIPALITY. EXT.R1(c): COPY OF THE JUDGMENT DATED 12.12.2008 OF THE HON'BLE MUNISIFF'S COURT, KALPETTA IN O.S.No.65/2008. EXT.R1(d): COPY OF THE PROCEDINGS DATED 15.12.2008 OF THE 1ST RESPONDENT MUNICIPALITY. TRUE COPY P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37690 OF 2008 ---------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner is aggrieved by the proceedings initiated by the respondents for evicting the petitioner from his bunk shop on the ground that he has not paid arrears of rent. The petitioner himself now submits that he is ready and willing to give up all his contentions on merits and he may be permitted to pay off the entire arrears so that he can continue to occupy the shop. 2. This is stoutly opposed by the respondents with the help of a counter affidavit. They would point out that the petitioner is a chronic defaulter and would never pay the rent in time and even after giving several chances, the petitioner still continues to be a defaulter and therefore, the petitioner is not entitled to any further indulgence in the matter. 3. Having heard both sides, I find considerable merit in the contentions of the respondents. However, the petitioner being a person of the lower strata of society, I feel that some more indulgence can be shown by the respondents to the W.P.(C)No.37690/08 2 petitioner on very stringent conditions. Accordingly, the writ petition is disposed of with the following conditions: The petitioner shall pay the entire arrears due as demanded by the respondents. On payment of such arrears, the respondents shall permit the petitioner to continue to operate the bunk shop and the petitioner shall also give sufficient security for payment of minimum of three months' rent. Further, continuance of the bunk shop will be on a specific condition that the petitioner pays rent due on the due date without any default. If the petitioner commits default in payment of rent for any one month, it would be open to the respondents to evict the petitioner forthwith without any further notice or proceedings in that regard, in which event he petitioner shall unconditionally vacate the bunk shop surrendering possession thereof. S. SIRI JAGAN, JUDGE Acd W.P.(C)No.37690/08 3