IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WA.No. 396 of 2008 -------------------- (AGAINST THE JUDGMENT IN OP NO.7573 OF 1998 DATED 16/03/07) ............. APPELLANTS/RESPONDENTS 1 & 2 IN THE OP: -------------------------------------------------- 1. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY JAYA MANSION, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY (ESTATE OFFICER), THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.A.JALEEL, SC., TRIDA RESPONDENTS/PETITIONER AND RESPONDENTS 3 & 4 IN THE OP: ------------------------------------------------------------------------ 1. M/S. SCHOOL OF ENGINEERING, TRIDA BUILDINGS, CHALAKUZHI LANE, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR, TISSAN JOSEPH THACHANERY. 2. THE DISTRICT COLLECTOR, COLLECTORATE, VANCHIYOOR, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.KKM.SHERIF R2 & R3 BY SR. GOVERNMENT PLEADER, SMT.K.MEERA. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 396 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 7th day of July, 2009 JUDGMENT Kurian Joseph, J. This is an appeal at the instance of respondents 1 and 2. The writ petition was filed aggrieved by Exts.P3, P6, P8 and P9. The issue essentially pertains to the dispute in the matter of fixation of rent in respect of the rooms taken on rent by the writ petitioners from the appellant. 2. The learned Single Judge disposed of the writ petition granting facility of six equal monthly instalments for clearing the arrears at the revised rate. It was also made clear in the judgment that the 10% increase to the rent would be once in three years from the date of occupancy. A default clause also was fixed. Aggrieved by the said order, respondents have come up in appeal. When the appeal came before us, we directed the parties to sit together and settle the disputes with the assistance of the advocates concerned. WA No.396/08 -:2:- Today, the officers are present. Having heard the counsel on both sides and also having interacted with the officers, we find that the entire grievance of the parties can be finally settled in the following manner: “1. Respondents agreed to pay 15% increase in rent from 01.08.2009 for all rooms occupied by them, in every three years. Fresh agreement shall be executed on or before 01.08.2009. 2. For fixing the present rent as on 01.08.2009, formula should be 10% increase in every 3 years from the date of occupancy i.e., from 1990 onwards. 3. Rent arrears, if any, shall be paid within two months.” Therefore, we dispose of the appeal in terms of the mode suggested by us above. The judgment of the learned Single Judge will stand modified to the above extent. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.396/08 -:3:-