IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 1049 of 2008(Y) ------------------------- PETITIONER: ------------ E.A.MOHANAN, KADAMBARI TEXTILES, MEENAGADI, WAYNAD. BY ADV. SRI.P.RAVINDRA NATH RESPONDENTS: ------------- MEENAGADI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MEENAGADI, WYNAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 1049 OF 2008-Y ----------------------------------------------- DATED THIS THE 9TH JANUARY, 2008 J U D G M E N T This writ petition has been filed by the petitioner who had been conducting a textile shop in a room belonging to the respondent Panchayath seeking a direction to the Panchayath to consider Ext.P3 representation which was filed by him in the wake of revenue recovery proceedings initiated by the Panchayath for recovery of the arrears of rent and proceedings for evicting him from the building. I do not propose to go into the merits of the grounds raised in the writ petition. Admittedly, the rent arrears will come to more than a a lakh of rupees. The petitioner cannot legitimately aspire to continue to occupy the building and for stay of the revenue recovery proceedings, if at least a the portion of the arrears of rent is not discharged. 2. I dispose of this writ petition issuing the following directions: i) The respondent Panchayath is directed to take up Ext.P3 and dispose of the same considering the issue bestowing as much sympathy as it deserves and take a decision on the same within two weeks of receiving a copy of this judgment provided the following conditions are complied with by the petitioner. WP(C)No.1049/2008. -2- ii)The petitioner shall pay a sum of Rs.12,000/- towards the demand within two weeks from today and the petitioner shall continue to pay the monthly rent which falls due subsequent to the date of the demand at the contract rate. Till such time as orders are passed and communicated to the petitioner, revenue recovery proceedings as well as proceedings for eviction will stand stayed. If any of the above conditions are not complied with by the petitioner, the respondent shall take steps to continue the revenue recovery proceedings as well as to evict the petitioner. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.1049/2008. -3- WP(C)No.1049/2008. -4-