IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 31072 of 2010(H) -------------------------- PETITIONER: ----------- SRI.PHILIP JOSE, THEKKANAT HOUSE CHELLIYOZHUKKAM ROAD, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): -------------- 1. THE KOTTAYAM MUNICIPALITY REPRESENTED BY THE SECRETARY KOTTAYAM MUNICIPALITY,KOTTAYAM. 2. THE SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM. ADV. SRI.SIBY MATHEW FOR R1 & 2 SRI.PHILIP J.VETTICKATTU FOR R1 & 2 SRI.B.PREMNATH (E) FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - WP (C)No. 31072 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of October, 2010 Judgment Petitioner is admittedly a licensee of one of the shop rooms belonging to the respondents. Petitioner has been in occupation of the said room on a monthly licence fee of Rs.1323/-. 2. It is not in dispute that petitioner has committed default in payment of the licence fee and the arrears including sales tax, penal interest etc. have now accumulated to Rs.76791/-, as reflected in Ext.P1 notice. 3. It is submitted by Sri.Mathew John, learned counsel for the petitioner, that the licence fee fell in arrears because of some unavoidable circumstances. Petitioner is prepared to wipe off the arrears, provided he is given some breathing time. Learned counsel submits that petitioner will straight away remit a sum of Rs.15,000/- and the balance in 5 monthly instalments. 4. But learned standing counsel for the Municipality submits that the petitioner does not deserve any sympathy, particularly since he is a chronic defaulter. 5. However having regard to the entire facts and WPC.31072/2010. : 2 : circumstances of the case, I am satisfied that the prayer made above can be granted. 6. Petitioner shall remit a sum of Rs.15,000/- to the Municipality on or before October 18, 2010 and the balance amount in 5 equal monthly instalments, first of which shall be remitted on or before November 18, 2010 and the remaining instalments on or before the same date in the following months. If the petitioner fails to remit the sum of Rs.15,000/- or any of the 5 equal monthly instalments, it will be open to the respondents to terminate the licence and take possession. 7. The respondents shall hand over the key of the shop room to the petitioner within one week from the date of remittance of Rs.15,000/-. Writ Petition is disposed of in the above terms. A.K. Basheer Judge. an.