IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 75 of 2010(Y) -------------------------------- PETITIONER(S): ------------------------- A.B.GEGARIN BABU, PROPRIETOR, M/S.TITLE, ROOM NO.S59A, G.C.D.A.SHOPPING COMPLEX, SHANMUGHAM ROAD, ERNAKULAM. BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) RESPONDENT(S): -------------------------- THE GREATER COCHIN DEVELOPMENT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.M.K.THANKAPPAN,SC,GCDA,GREATER COCH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.75/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT OF LEASE DTD. 3.4.1993 . P2:- COPY OF THE NOTICE DTD. 22.12.1998. P3:- COPY OF THE JUDGMENT IN OP.4670/1999 DTD. 24.11.2005. P4:- COPY OF THE NOTICE DTD. 21.5.2008. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. P6:- COPY OF THE JUDGMENT IN WPC. 17902/2008. P7:- COPY OF THE ORDER. P8:- COPY OF THE NOTICE DTD. 24.6.2009. P9:- COPY OF THE NOTICE DTD. 22.9.2009. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE DETAILED STATEMENT OF ACCOUNT FROM 30.4.1993 TO 31.5.2009 DTD . 29.1.2010. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No. 75 Of 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF DECEMBER, 2010 J U D G M E N T The petitioner is an allottee of a shop room No.S.59A in the GCDA Shopping Complex, Marine Drive, Ernakulam. The shop was allotted as per an agreement dated 3.4.1993 initially for a period of three years. The whole dispute herein is regarding the communications Exhibits P7 to P9 whereby the petitioner was informed that huge amount is in arrears as monthly rent and therefore, action will be taken to evict him from the shop itself. 2. While admitting the Writ Petition, this Court directed the petitioner to pay an amount of Rs.2.5 lakhs. Thereafter also interim orders have been passed for making similar deposits. Finally, by interim order dated 21.10.2010, this court directed the petitioner to remit an amount of Rs.3 lakhs. It is submitted by the learned Standing Counsel for the GCDA that out of the three lakhs W.P.(C)No.75/10 -2- only one lakh has been deposited and balance amount is not yet paid. 3. The respondent has filed a counter affidavit showing the details of the amounts due. According to the learned Standing Counsel for the GCDA, the total amount due will be 10.986 lakhs. The learned counsel for the petitioner submitted that if the statements filed are gone through, it can be seen that the principal amount has already been wiped off and what remains is the interest charged for the delay in payment, for which he will be seeking for appropriate relief by way of reduction of the interest. 4. Whatever that be, it is upto the petitioner to move the authorities concerned for any reduction, adjustment or remission by way of interest. As on today, the monthly rent is Rs.7,302/-. To avoid further action in the matter, the petitioner will remit an amount of Rs.3 lakhs within two months. The remaining amount will be paid in equal W.P.(C)No.75/10 -3- monthly instalments running for a period of 12 months thereafter. It will be open to the petitioner to approach the authorities concerned seeking for any reduction/ remission of payment of interest and if appropriate representation is filed, the same also will be considered by the authorities concerned and the decision will be communicated to him. If any default is committed by the petitioner with respect to the lumpsum payment of Rs.3 lakhs or any other subsequent instalment payment, it will be open to the respondent to proceed with the further action in accordance with law. The Writ Petition is accordingly disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn