IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 1047 of 2011(E) -------------------------------------- PETITIONER(S): ----------------------- SHABU, AGED 29 YEARS, S/O.RAMAKRISHNAN,KODAKKAT HOUSE, VENGERI P.O., CALICUT,673010,PROPRETOR,APPLE COMMUNICATIONS 698/11,HARI NIVAS, WEST NADAKKAVU, CALICUT BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): ------------------------- KOZHIKODE DISTRICT TOURISM PROMOTION COUNCIL, MANANCHIRA, KOZHIKODE, REP.BY ITS SECRETARY-673001 BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 1047 of 2011 E ``````````````````````````````````````````````````````` Dated this the 12th day of January, 2011 J U D G M E N T Ext.P3 is an agreement entered into between the petitioner and the respondent, the period of which is expiring on 31-01-2011. In terms of the agreement, petitioner has installed certain advertisement boards. During the currency of the agreement, petitioner submitted Ext.P4 representation, requesting the respondent to give reduction in the rental payable. Though the petitioner contended that orders have not been passed on the representation, Secretary of the respondent has issued Ext.P6, stating that, since the request has been rejected in the meeting of the respondent held on 15-11-2010, petitioner will have to remit ` 65,000/- towards monthly licensee fee. It is stated that the petitioner has not remitted the amount for more than five months and, therefore, the licensor has the right to cancel the agreement for violation of the licence condition. Proceeding further, it is stated that W.P.(C) No.1047/2011 : 2 : the security deposit made by the petitioner has already been adjusted towards the arrears of rent and that the balance may be paid before 10th of January, 2011. Petitioner is further directed to remove the advertisement displayed by him before 10th of January, 2011. Ext.P6 is under challenge in this writ petition. 2. Rights and obligations of the parties are those incorporated in Ext.P3 agreement. Admittedly, the petitioner is in default of paying the rental due under Ext.P3. On the other hand, he sought reduction of the rental payable, which request is seen rejected by the respondent in their meeting held on 15-11-2010. It is in these circumstances, after appropriating the security deposit, the petitioner has been required to remit the arrears due before 10th of January, 2011 and to remove the advertisement boards. In the facts as stated above, I see nothing wrong in the steps the respondent has taken. Therefore, Ext.P6 as such does not call for any interference. W.P.(C) No.1047/2011 : 3 : 3. Be that as it may, it is directed that, if the petitioner is desirous of reviving the benefits under Ext.P3, it will be open to the petitioner to clear the entire arrears due from him to the respondent, in which event, the respondent will permit the petitioner to retain the advertisement boards till the contract period is over. It is directed that such due shall be cleared by the petitioner before 15th of January, 2011. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks