IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 17902 of 2008(F) ----------------------------------- PETITIONER: ------------------- A.B.GEGARIN BABU, PROPRIETOR, M/S.TILE, ROOM NO.S59A, G.C.D.A. SHOPPING COMPLEX, SHANMUGHAM ROAD, ERNAKULAM. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENTS: --------------------- THE GREATER COCHIN DEVELOPMENT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.R.RAMACHANDRA MENON, SC,GCDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17902 of 2008(F) -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF THE AGREEMENT OF LEASE DATED 3.4.1994. EXT.P2- TRUE COPY OF THE NOTICE DATED 22.12.1998. EXT.P3 - TRUE COPY OF THE JUDGMENT IN O.P.NO.4670/1999 DATED 24.11.2005. EXT.P4 - TRUE COPY OF THE NOTICE DATED 21.5.2008. EXT.P5 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. RESPONDENT'S ANNEXURE ANNEXURE B - TRUE COPY OF THE PAY ORDER DATED 19.7.2008. /TRUE COPY/ PA TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.17902 of 2008 ================== Dated this the 28th day of July, 2008. J U D G M E N T The petitioner is an alleged defaulter in payment of rent due to the respondents. According to the respondent, an amount of Rs. 18,33,665/- is due from the petitioner towards the arrears. The petitioner disputes this amount. According to him, the amount due to him is far less. At the time of admission I granted an interim stay on condition that the petitioner pays an amount of Rs.5 lakhs. The petitioner did not pay the amount of Rs.5 lakhs, but only paid Rs.2 lakhs, despite granting further time for payment, by order dated 1.7.2008. On 16.7.2008 for non payment of the balance amount, I vacated the interim order. The petitioner has now moved this Court for restoring the interim order on the ground that he is prepared to pay the balance amount of Rs.3 lakhs also. This is opposed by the Counsel for the respondent. 2. I feel that since the dispute is regarding the correctness of the amount now demanded by the respondent, the respondent should hear the petitioner and decide the matter. But that shall W.P(C)No.17902 of 2008 - 2 - be only of condition that the petitioner pays the balance amount of Rs. 3 lakhs also as per order dated 16.6.2008. The learned counsel for the petitioner today hands over a pay order for Rs.3lakhs to the counsel for the respondent. In the above circumstances, I feel that the respondents can be directed to reconsider the matter after hearing the petitioner also. Accordingly, I dispose of this writ petition with a direction to the respondent to reconsider the matter after affording an opportunity of being heard to the petitioner also. The amount of Rs. 5 lakhs paid shall be adjusted against the amounts due. Till a fresh order is passed considering the contentions of the petitioner, further recovery proceedings shall be kept in abeyance. S.SIRI JAGAN, JUDGE rhs