IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 214 of 2009(A) ------------------------ PETITIONER(S): --------------- C.J. MATHEW, S/O. LATE JOSEPH, AGED 61, CHAMAKKALAYIL HOUSE, EDAVATTY P.O., THODUPUZHA. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------- 1. THE THODUPUZHA MUNICIPALITY, THODUPUZHA, REP. BY ITS SECRETARY. 2. THE SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS STATE OF KERALA, REP. BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. ADV. SRI.P.K.SOYUZ FOR R1 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.214 of 2009 ================== Dated this the 23rd day of March, 2009 J U D G M E N T The petitioner took on lease certain shop rooms from the 1st respondent-Municipality, in a large building where other shop rooms are also let out to others. The petitioner unauthorizedly put shutters to his rooms without permission from the Municipality. In the above circumstances, the Municipality issued Ext.P5 order to the petitioner directing him to comply with the three conditions mentioned therein. The petitioner challenged Ext.P5 order before the Tribunal, who passed Ext.P7 order, whereby Ext.P5 order has been quashed without prejudice to the liberty of the Municipality and the Secretary to initiate fresh proper proceedings, if any, as per law, if there are any reasons for doing so. The petitioner has filed this writ petition seeking restoration of the shop rooms to his possession, since Ext.P5 order has been set aside by the Tribunal. 2. I have heard the learned counsel for the petitioner as also the counsel appearing for the Municipality. 3. Now the Municipality offers that the shop rooms can be handed over to the petitioner immediately without insisting on the third condition in Ext.P5, if the petitioner complies with the first condition. Regarding the second condition, the counsel for the 2 Municipality submits that Council would take a decision as to the viability of complying with the second condition, expeditiously, if the petitioner files a representation in that regard. The said course of action is acceptable to the petitioner also. In the above circumstances, this writ petition is disposed of with the following directions: Possession of the shop rooms shall be handed over to the petitioner within one week. On being put in possession of the shop rooms, the petitioner shall, within one week, comply with condition No.1 in Ext.P5. Regarding the 3rd condition, the Municipality shall not insist on the petitioner paying rent arrears for the period during which the petitioner was not in possession of the shop rooms. With regard to the other condition, the petitioner shall file a representation which shall be considered by the Council and appropriate orders passed expeditiously. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge