IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 3040 of 2006(J) ------------------------------------ PETITIONER: ------------------- DR.V.AJI KUMAR, POLY DENTAL CLINIC, NORTH RAILWAY STATION ROAD, COCHIN. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: ------------------------ 1. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDINGS, COCHIN. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION(B) DEPARTMENT, THIRUVANANTHAPURAM. SRI.V.S.CHANDRASEKHARAN, SC.COCHIN CORP FOR R1 GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 3040/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE NO.MOR3/5971/94 DT. 6.5.98. EXT.P2:- COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DT. 23.6.98. EXT.P3:- COPY OF THE NOTICE NO.MOR3/5971/96 DT. 26.7.98 ISSUED FROM THE IST RESPONDENT. EXT.P4:- COPY OF THE JUDGMENT IN OP. NO.15061/98 DT. 21.8.98. EXT.P5:- COPY OF THE ORDER DT. 15.2.99 ISSUED BY THE 2ND RESPONDENT. EXT.P6:- COPY OF THE ORDER NO.34779/B/01/LSGD DT. 22.12.2003 ISSUED BY THE 2ND RESPONDENT. EXT.P7:- COPY OF THE NOTICE NO.MOR3/5971/94 DT. 20.2.2004 ISSUED TO THE PETITIONER BY THE REVENUE OFFICER OF THE IST RESPONDENT. EXT.P8:- COPY OF THE REPLY DT. 8.3.04 PRESENTED BY THE PETITIONER. EXT.P9:- COPY OF THE RECEIPT NO.3759 DT. 8.3.04 FOR RS. 1,50,000. EXT.P10:- COPY OF THE JUDGMENT DT. 16.8.04 PASSED BY THIS HONOURABLE COURT IN OP. 5565/1999. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.3040 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To call for the records leading to Exhibits P12 and P13 and quash the same so far it enhance the rent of the room No.17/1717 (G2) occupied by the petitioner by 15% annual increase. ii) To issue a writ of mandamus or any other writ, direction or order directing the 1st respondent to execute the lease agreement with the petitioner in respect of the room No.17/1717(G2) with a legally permissible rate of 5% annual increase in rent. One of the main contentions taken by the petitioner is that while taking the impugned action, Exhibit P10 judgment of this court has not been taken into consideration. The submission appears to be correct also on going through the impugned proceedings. 2. There is also a grievance with regard to penal interest. Yet another grievance is with regard to crediting of the amounts already paid by the petitioner. Reference is invited to Exhibits P9 and P11. There is no counter affidavit yet. W.P.(C) No.3040/06 2 I quash the impugned proceedings with a direction to the first respondent to consider the matter afresh, with notice to the petitioner, and pass appropriate orders thereon in accordance with law. This shall be done within a period of three months from the date of receipt of a copy of this judgment. Interim order passed by this Court will continue on condition that the petitioner shall continue to remit the admitted amounts. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.3040/06 3 KURIAN JOSEPH, J. W.P.(C) No. 3040 OF 2006 J U D G M E N T 24.09.2008