IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WA.No. 2386 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.25384/2009 Dated 08/09/2009 .................... APPELLANT/PETITIONER: --------------------------- UCO BANK, REPRESENTED BY ITS SENIOR MANAGER, KOZHIKODE BRANCH, PALAYAM JUNCTION, KOZHIKODE-673 001, KOZHIKODE DISTRICT, KERALA STATE. BY ADV. SRI.GEORGE KARITHANAM VARGHESE RESPONDENTS/RESPONDENTS: ---------------------------------- 1. CORPORATION OF KOZHIKODE, REPRESENTED BY ITS SECRETARY, OFFICE OF THE CORPORATION, KOZHIKODE-873 032, KOZHIKODE DISTRICT. 2. MAYOR OF CORPORATION OF KOZHIKODE, OFFICE OF THE CORPORATION, KOZHIKODE-873 032, KOZHIKODE DISTRICT. R1 & R2 BY ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2386 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2009 JUDGMENT Basheer, J. This appeal is at the instance of the petitioner in WP(C) No.25384 of 2009. The challenge in the writ petition was against the demand for payment of arrears of licence fee/rent at the enhanced rate made by the Kozhikode Corporation in respect of the building now being occupied by the appellant bank. It was primarily contended by the appellant before the learned Single Judge that the respondent Corporation had no authority to enforce the order revising the rent payable for the building with retrospective effect. 2. The learned Single Judge after considering the rival contentions of the parties and also noticing the fact that the matter is pending consideration before Tribunal for Self Government Institutions, disposed of the Writ Petition directing the appellant to pay a sum of Rs.40 lakhs in three instalments. Appellant was directed to pay Rs.20 lakhs forthwith and the remaining Rs.20 lakhs in two instalments of Rs.10 lakhs each, in WA No.2386 of 2009 -:2:- October and November 2009. 3. When this Writ Appeal came up for admission, Sri.K.D. Babu, learned Standing Counsel for the Corporation accepted notice. 4. We have heard learned counsel for the parties and perused the materials available on record. 5. Admittedly, Tribunal is in seisin of the matter. It is also the admitted position that request made by the appellant to stay the operation of the order passed by the Corporation was declined by the Tribunal. 6. Having regard to the fact that the issue is at large before the Tribunal, we do not deem it necessary or proper to advert to the various contentions raised by the appellant at this stage. In our view, the parties have to be given opportunity to raise all their respective contentions before the Tribunal which shall adjudicate the matter in accordance with law. 7. As regards the direction issued by the learned Single Judge for payment of arrears, it is submitted by the learned counsel that the Bank has already deposited Rs.20 lakhs as directed by the learned Single Judge. He prays that some WA No.2386 of 2009 -:3:- indulgence may be shown with regard to payment of the remaining Rs.24 lakhs. 8. Having regard to the peculiar facts and circumstances of the case, we are of the view that the appellant can be granted some relief in the interregnum. The appellant shall deposit Rs.10 lakhs within one week from today and for the balance amount of Rs.14 lakhs, the appellant shall furnish bank guarantee in favour of the Corporation. The Tribunal shall dispose of the matter as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. If in case the Tribunal holds against the appellant, the order of the Tribunal shall be enforced by the Corporation only after two weeks from the date of receipt of a copy of the order. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.2386 of 2009 -:4:-