IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 12539 of 2008(P) -------------------------- PETITIONER: ------------ K.V.JACOB, S/O.K.PAPPACHAN AGED 55 YEARS, KANJIRAPLAVIL SONY VILLA OMALLUR P.O., PATHANAMTHITTA DISTRICT,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.BINU JOY S/O.C.M.JOY, AGED 29 YEARS, MULAMTHADATHIL HOUSE MEZHUVELI P.O., PATHANAMTHITTA. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENTS: ------------- 1. THE DISTRICT SOIL CONSERVATION OFFICER DISTRICT SOIL CONSERVATION OFFICE PATHANAMTHITTA. 2. EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT BUILDINGS DIVISION, PATHANAMTHITTA. 3. DIRECTOR OF AGRICULTURE (FARMS) (SOIL CONSERVATION UNIT), THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12539 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th June, 2008. J U D G M E N T Petitioner's building has been taken on rent by the Government for housing office of the 1st respondent. The petitioner's grievance is that rent is not being paid to him for the building. According to the petitioner, the agreed rate of rent is Rs. 9137/- p.m. and the arrears have mounted to Rs. 3,01,521/- till 31-3-2008. He therefore seeks the following reliefs: (i) Issue a writ of mandamus, any other appropriate writ, order or direction to the respondents 1 to 4 to take effective steps for immediately executing the rent agreement with the petitioner or his authorised representative. (ii) Issue a writ of mandamus, any other appropriate writ, order or direction to the 1st respondent to pay the arrears of rent for 33 months at the admitted rate of Rs. 9137/- per month which comes to Rs. 3,01,521/-. (iii) Issue a writ of mandamus, any other appropriate writ, order or direction to the 1st respondent to vacate the premises and grant vacant possession of the petitioner's building, if the 1st respondent's office is occupying an area that is more than the permissible area as per the norms of the concerned department. (iv) Issue a writ of mandamus, any other appropriate writ, order or direction to the respondents to produce all the records and communications in relation to the leasing of the petitioner's building to the 1st respondent.” 2. The learned Government Pleader submits that for finalising the rate of rent, approval of the Government is necessary and the matter is under consideration of the Government. According to the learned Government Pleader, the rent would be paid as soon as the Government approves the rate of rent finally. However, I am of opinion that the petitioner should be paid a reasonable amount provisionally pending final decision in the meantime. Accordingly, the writ petition is disposed of with the following directions. The respondents shall see that the petitioner is paid provisionally rent at the rate of Rs. 5,000/- per month. Arrears at the W.P.C. No. 12539/2008. -: 2 :- above rate up to 31-5-2008 shall be paid within one month from today The respondents shall continue to pay to the petitioner provisionally the rent at the rate of Rs. 5,000/- per month, every month till the Government approves the rate of rent. The Government shall take a final decision regarding the rate of rent payable in accordance with the rules applicable within three months from the date of receipt of a copy of this judgment. If the Government approves the rate of rent, the further arrears on the basis of that rate shall also be paid to the petitioner within one month from the date of decision of the Government. Thereafter, the approved rent shall be paid to the petitioner every month. This is without prejudice to the right of the petitioner to challenge the rate of rent so approved, if, according to him, it is not the rent payable. S. Siri Jagan, Judge. Tds/