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 WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WA.No. 1830 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.15434/2009 Dated 08/07/2009 .................... APPELLANTS/PETITIONERS IN WPC: --------------------------------------- 1. MOHAMMED ILLYAS, TAHIRA MANZIL, KOONAM KUZHI, PUNALUR. 2. MOHAMMED YAHIYA, TAHIRA MANZIL, KOONAM KUZHI, PUNALUR. 3. MOHAMMED EESA, TAHIRA MANZIL, KOONAM KUZHI, PUNALUR. 4. MOHAMMED ASLAM, TAHIRA MANZIL, KOONAM KUZHI, PUNALUR. BY ADV. SRI.V.PREMCHAND RESPONDENTS/RESPONDENTS IN WPC: ------------------------------------------- 1. THE PUNALUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PUNALUR MUNICIPALITY, PUNALUR. 2. THE SECRETARY, PUNALUR MUNICIPALITY, PUNALUR. 3. THE MUNICIPAL COUNCIL, PUNALUR MUNICIPALITY, PUNALUR. R1 TO R3 BY SRI.B.KRISHNA MANI, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1830 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2009 JUDGMENT Bannurmath, C.J. Being aggrieved by the order of the learned Single Judge dated 8th July, 2009 dismissing the writ petition, the present appeal is filed. 2. The appellants/petitioners had approached this Court challenging the rejection of their applications by orders Exts.P10 to P13. The main contention of the petitioners is that though they have entered into an agreement with the Municipal Council to take the shops on lease, since comparing to the neighbouring shops, the rent fixed to their shops are too high. Therefore, they had filed applications before the Municipal Council to reduce the rents than what is agreed to. Considering the fact that neither the Secretary nor the Municipal Council has any authority or power to reduce the rent which is purely under a contractual agreement between the petitioners/appellants and the Municipal Council, the WA No.1830 of 2009 -:2:- learned Single Judge, in our view, has rightly rejected the writ petition as devoid of merits. We find no merits in the writ appeal and hence dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb