IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 30725 of 2010(M) -------------------------- PETITIONER: ------------------- DR.JOHN S.KURIAN, KUNNANKARA 1, CHINGAVANAM P.O., KOTTAYAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ---------------------- 1. THE DEPUTY COLLECTOR (GENERAL) AND DISTRICT COLLECTOR IN CHARGE KOTTAYAM-686 001. 2. THE ACCOMMODATION CNTROLLER AND TAHSILDAR, KOTTAYAM-686 001. 3. ACCAMMA VARGHESE, KURISHUNKAL HOUSE, COLLECTORATE P.O., MUTTAMBALAM VILLAGE KOTTAYAM-686 001. 4. SHAJI VARGHESE OF DO. DO. 5. SHIBU VARGHESE, OF DO. DO. 6. SHAN VARGHESE OF DO. DO. 7. SHEELA VARGHESE OF DO. DO. 8. SHEEJA VARGHESE OF DO. DO. 9. SHANI VARGHESE OF DO. DO. 10. SHIYBI VARGHESE OF DO. DO. R1 & R2 BY SENIOR GOVERNMENT PLEADER, V.T.K.MOHANAN R5 BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK W.P.(C) NO.30725/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMON JUDGMENT DTD. 13/11/98 IN RCA. 24/95, RCA.25/95 AND RCA.26/95 BEFORE THE RENT CONTROL APPELLATE AUTHORITY, KOTTAYAM. P2:- COPY OF THE ORDER DTD. 12.4.2002 IN CRP. 682/99 BEFORE THE HONOURABLE HIGH COURT OF KERALA ERNAKULAM. P3:- COPY OF THE COMMON RDER DTD. 15/7/04 IN EA. 23/04 IN RC(OP)19/91, EA. 40/04 IN RC(OP) 20/91 AND IN EA. 41/04 IN RC (OP) 21/91 BEFORE THE PRINCIPAL RENT CONTROLLER , KOTTAYAM. P4:- COPY OF THE PLAINT OS. 425/06 BEFORE THE SUB COURT, KOTTAYAM DTD. 27.10.06. P5:- COPY OF THE DECREE DTD. 7/4/04 IN OS. 315/02 BEFORE THE MUNSIFF'S COURT, KOTTAYAM. P6:- COPY OF THE PETITION DTD. 13/7/07 BEFORE THE ACCOMMODATION CONTROLLER, KOTTAYAM. P7:- COPY OF THE DETAILED OBJECTION DT. NIL BEFORE THE ACCOMMODATION CONTROLLER, KOTTAYAM. P8:- COPY OF THE ORDER DTD. 28/12/09 IN B2-6031/09 PASSED BY THE ACCOMMODATION CONTROLLER, KOTTAYAM. P9:- COP MEMORANDUM OF APPEAL NO.H-1.16559/10 ALONG WITH THE PETITION DTD. 25.3.2010 SEEKING STAY. P10:- COP ORDER DTD. 23/6/2010 IN APPEAL NO.H-1 16559/10 PASSED BY THE APPELLATE AUTHORITY. TRUE COPY P.A. TO JUDGE VK PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. --------------------------- W.P.(C) No. 30725 OF 2010 -------------------------- Dated this the 19th day of October, 2010 J U D G M E N T Pius C.Kuriakose, J . Under challenge in this writ petition under Article 226 of the Constitution of India is Ext.P10 appellate order passed by the District Collector on appeal under Section 13(6) of the Kerala Buildings (Lease and Rent) Control Act, 1965 confirming Ext.P8 order passed by the Accommodation Controller/the second respondent. In this writ petition, Exts.P8 and P10 are assailed on various grounds. Inter alia it is urged that respondent Nos.3 to 10 who are the legal heirs of one K.J.Varghese, the original tenant, are rank trespassers in the building in question and that Exts.P8 and P10 which directs restoration of the electricity supply immediately, as though they are tenants is patently illegal. 2. Sri. B.Krishna Mani, the learned counsel for the petitioner would address us on the basis of the various grounds in the writ petition. Per contra Sr. Mathew John, the learned counsel for the contesting party respondents submitted that respondents are tenants who have been reinducted into the building after WPC No.30725/2010 2 reconstruction duly. According to him, there is no infirmity about Exts.P8 or Ext.P10 attracting the extra ordinary constitutional jurisdiction of this Court. Though Sri. B.Krishna Mani assailed Exts.P8 and P10 strongly, towards the end of his submissions, learned counsel would submit that if the party respondents are ready and willing to pay the rent at the rate of Rs.2163/- per mensum, the fair rent fixed by the statutory authorities together with interest at the statutory rate of 6% due from 18.9.2006 immediately, the landlord/petitioner will not have any objection in issuing a letter of no objection to the concerned Engineer of the KSEB permitting the party respondents to take electricity connection in their own name and also to recognise the party respondents as tenants. Sri. B.Krishna Mani submitted that upon such payment, needful will be done for withdrawal of the recovery suit and also for compounding of the criminal case C.C. No.137 of 2007 which is presently pending before the Judicial Magistrate of the First Class, Kottayam. Mr. Mathew John response to the above offer of Sri. B.Krishna Mani was that his client should be allowed reasonable time for paying the amount which is substantial. WPC No.30725/2010 3 3. Having considered the rival submissions, we are of the view that the writ petition can be disposed of issuing the following directions. (i) The party respondents namely respondents 3 to 10 are directed to pay to the petitioner the arrears of rent at the rate of Rs.2163/- per mensum with effect from 18.9.2006 till 31.10.2010 payable in two instalments. The first instalment of Rs.30,000/-shall be paid not later than one month from today. The entire balance shall be paid within a period of three months from the date of payment of the first instalment. The moment the first instalment is paid, the petitioner shall issue no objection letter so as to enable the fifth respondent to obtain electricity connection in the petition schedule premises in his own name and his own costs. Upon payment of the entire balance amount, the parties shall execute a lease deed incorporating the terms and conditions of the lease stipulating the monthly rent at the rate of Rs.2163/-. Once it is seen that entire amount as ordered above is paid, the petitioner will do whatever is necessary for withdrawal from the suit for recovery of possession and also for compounding CC No.136 of 2007. We make it clear that respondents 3 to 10 will get benefit of the reliefs given to WPC No.30725/2010 4 them as above only if payment is made without fail. We make it further clear that if there is default on the part of respondents 3 to 10 in complying with the directions addressed to them, it will be open to the petitioner to initiate eviction proceedings against them on all available grounds. If the petitioner defaults any of the conditions stipulated herein above, Ext.P10 will stand confirmed. The writ petition is disposed of as above. PIUS C.KURIAKOSE, (JUDGE) P.S.GOPINATHAN, (JUDGE) vps WPC No.30725/2010 5