IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 38460 of 2010(F) -------------------------- PETITIONER(S): ----------------------- SOBY J.KURIAN, S/O.JOSE KURIAN, AGED 33 YEARS, CHIRAKKAL HOUSE, P.O.POOCHAKKAL, ALAPPUZHA DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ------------------------- 1. THE GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, KADAVANTHRA, KOCHI - 2. 2. THE TAHSILDAR, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 524. 3. THE VILLAGE OFFICER, PANAVALLY VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 526. ADV. SRI.M.K.THANKAPPAN, SC, GCDA SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.38460/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE LEASE AGREEMENT DT 31.8.05 BETWEEN THE 1ST RESPONDENT AND THE PETITIONER. EXT.P2: TRUE COPY OF THE INTIMATION DATED 15.6.07 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE NOTICE DATED 27.7.10 TO THE PETITIONER. EXT.P3(a): TRUE COPY OF THE NOTICE DT 27.7.10 TO THE PETITIONER. EXTS OF R1 EXT.R1(a): TRUE COPY OF THE REGISTERED LETTER DATED 17.5.10 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 38460 OF 2010 ===================== Dated this the 30th day of September, 2011 J U D G M E N T Petitioner was an occupant of one of the rooms in the Jawarharlal Nehru International Stadium, Kaloor from August 2005. According to the petitioner, he occupied the room only till June 2007 and had paid the amounts due to the GCDA. It is stated that though he intimated to the Secretary, GCDA to determine the lease from July 2007 and for refund of the security, nothing was done by the GCDA and that now recovery proceedings have been initiated for recovery of `1,02,665/- with interest. It is in these circumstances, the writ petition has been filed challenging the proceedings. 2. An affidavit has been filed by the GCDA in which it is stated that the lease deed was executed between the parties on 31.8.05 and that the petitioner had obligation to pay the amounts due thereunder. It is stated that from March 2007, petitioner was a defaulter and that notice issued to the petitioner was not responded till 5/5/2010 when he was evicted and possession of the room was taken over on 6/5/2010. It is stated that what is WPC No. 38460/10 :2 : sought to be recovered is the amount due from the petitioner for the aforesaid period and that therefore, there is no substance in the grievance raised. 3. In the nature of the contentions raised by the GCDA in the counter affidavit filed by them, I am not satisfied that the petitioner does not have the liability to pay the amount now demanded or that the recovery proceedings initiated is illegal for any reason. In such circumstances, petitioner cannot seek assistance of this Court for invalidating the recovery proceedings. 4. Pursuant to the orders of this Court dated 23/12/2010, out of the amounts due, petitioner has already remitted `20,000/-. Therefore, the liability stands reduced to that extent. Having regard to the circumstances pointed out, I feel this is a case where the petitioner should be permitted to discharge the liability due to the GCDA in instalments and therefore, I direct that the petitioner shall pay the amounts in 6 equal monthly instalments, the first of which shall be paid on or before 15/10/2011 and the balance will be paid on or before 15th of every succeeding month without any default. It is directed that subject to payment as above, recovery proceedings will be kept in WPC No. 38460/10 :3 : abeyance and that if any default is committed, GCDA is free to proceed in accordance with law. In the meanwhile, if any one time settlement scheme is announced, petitioner will also have the liberty to avail the benefit thereof. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp