IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 35245 of 2009(A) -------------------------- PETITIONER(S): --------------- BASHEER K.M., KANNEZHATH HOUSE, THRIVENI, KOTHAPARAMBU P.O., KODUNGALLOOR, THRISSUR DIST. BY ADV. SRI.V.K.SUNIL RESPONDENT(S): --------------- THE KODUNGALLOOR MUNICIPALITY, REPRESENTEDBY ITS SECRETARY, KODUNGALLOOR. SC SRI.M.P.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.35245 OF 2009 (A) -------------------------------------------------- Dated this the 6th day of January, 2010 J U D G M E N T Petitioner was the licensee of a vegetable store in the newly constructed market cum shopping complex of the respondent Municipality. Ext.P3 is the licence agreement that was executed between the parties on 10.4.2008. Before the execution of the agreement, petitioner had made a security deposit of Rs.1,65,000/-. 2. After conducting the business for a while, on account of losses suffered, the petitioner decided to discontinue the business. Accordingly, he offered to surrender the room to the Municipality, which offer was accepted by the Municipality. Accordingly, Municipality issued Ext.P8 notice informing the petitioner inter alia that out of the security deposit, after appropriating their dues, balance to be released to the petitioner is Rs.1,62,640/-. It was informed that the said amount will be refunded to the petitioner after 30th of September, 2010. Petitioner also has a case that in Ext.P8 he was informed that the balance amount of security deposit WPC.No. 35245/09 :2 : will be adjusted towards the deposit that may be due from the petitioner, if he participates in any auction conducted by the Municipality and that the said promise was not honored by the Municipality when the petitioner participated in another auction. Be that as it may, now all that the petitioner wants is that the balance amount of the security deposit should be refunded to him immediately. 3. Standing counsel who has obtained instruction in the matter refers to me clause 15 of Ext.P3 licence agreement between the parties and contends that in terms thereof the security deposit is liable to be refunded only after 2 years from the date of handing over key to the licensee. 4. Admittedly, the parties are governed by Ext.P3 licence agreement and if that be so, the petitioner will have to await for completion of the term prescribed in the licence agreement for claiming refund of the balance security deposit that is due to him. The period prescribed in clause 15 is 2 years from the date of handing over of key. In this case, the licence agreement was executed between the parties on 10.4.2008. If that be so, the period WPC.No. 35245/09 :3 : prescribed in clause 15 has to be reckoned from the date on whcih the agreement was entered into. On that basis, if the 2 year period is counted, the same will expire on 9th April, 2010 and the balance amount of security deposit will have to be refunded to the petitioner immediately thereafter. So viewed, there is no justification for offering to refund balance security deposit only after 30th September, 2010. Therefore, the writ petition is disposed of directing the Municipality to refund the balance security deposit payable to the petitioner immediately after 9th April, 2010. (ANTONY DOMINIC) JUDGE vi/