IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35048 of 2009(A) --------------------------------------- PETITIONER(S): ---------------------- E.A.RASHEED, MANAGING PARTNER, STANDARD INDUSTRIES, T.C.38/970, POWER HOUSE ROAD, THIRUVANANTHAPURAM. BY ADVS. MR.M.R.ANANDAKUTTAN, SMT.M.A.ZOHRA, MR.MAHESH ANANDAKUTTAN, MR.R.S.MADHU. RESPONDENT(S): --------------------------- 1. THE THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. M.THIRUVADINATHAN, DOOR NO.27, ARASHADI, STATE BANK COLONY, CLASS-3, MADURA, TAMILNADU. R1 BY ADV. MR.N.NANDAKUMARA MENON, SC, TVM CORPN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.35048 OF 2009 ............................................ DATED THIS THE 7TH DAY OF DECEMBER, 2009 JUDGMENT The petitioner is occupier of a building belonging to the second respondent. The owner has not paid the property tax. The arrear of property tax is to be recovered by distress action against the premises. The occupier is notified to pay the property tax including arrears and accumulated add ons by way of interest etc. There is no illegality or impropriety in this matter. The issue is squarely covered by the Bench decision of this court in Yedunath V Vadakara Municipality(2003 (3) KLT 684. The tenant is entitled to adjust the payment towards future rent due. That is a matter of accounting between the landlord and the tenant. Therefore, the amount due is sustainable and challenge fails. The learned Wpc 35048/09 2 counsel for the petitioner ultimately confines the submission to a request that the petitioner may be granted reasonable time to make the payment. The total outstandings is only Rs.32,709/-. Taking that into consideration, it is ordered that the petitioner will be permitted to pay such amounts in three equal instalments payable on or before 15th of every month commencing from December, 2009. If there is default in paying any of the instalments, the benefit of this judgment will stand recalled automatically. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/8/12