IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WA.No. 1254 of 2010 ------------------------ AGAINST THE ORDER IN RP 189/2010 DATED 17.3.2010 .................... APPELLANTS/ REVIEW PETITIONERS/PETITIONERS: --------------------------------------------------------- 1. A.N.CHANDY, AGED 49, S/O.A.C.NAINAN, BUSINESS RESIDING AT ADUKKOLI HOUSE, PERUMBAVOOR. 2. SARAMMA MAMMAN, AGED 63 W/O.A.K.MAMMAN, BUSINESS RESIDING AT ALUMMOOTTIL HOUSE, ALLAPRA P.O., PERUMBAVOOR. 3. C.K.ABU, AGED 55, S/O.KOCHU AHAMMED, BUSINESS, RESIDING AT CHANGANACHERRY VEEDU, NEDUMTHODU, PERUMBAVOOR, MUDICKAL P.O 4. AYSHA SAIDU, AGED 54, W/O.K.M.SAIDU, RESIDING AT KAMMALA HOUSE, AIROORPADAM, KOTHAMANGALAM. 5. P.M.ABU, AED 39, S/O.MEETHAIAN PILLAI PALLIPARAMBIL, MUDICKAL, PERUMBAVOOR. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS/RESPONDENTS/RESPONDENTS ---------------------------------------------------- 1. STATE OF KERALA, REP. BY SECRETARY REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695007. W.A.NO.1254 OF 2010 - 2 - 2. COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM-695007. 3. DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANADU-682030. 4. ADDITIONAL TAHSILDAR, KUNNATHUNADU TALUK, TALUK OFFICE, KUNNATHUNADU-683542. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No.1254 of 2010 ------------------------------------------ Dated this the 22nd day of July, 2010 JUDGMENT Ravindran, J. This writ appeal is filed by the petitioners in W.P.(C) No.15676 of 2005 canvassing the correctness of the order passed by the learned single Judge in R.P.No.189 of 2010 in W.P.(C) No.15676 of 2005. Though the review petition was dismissed upholding the increase in the lease rent which the appellants are liable to pay, the learned single Judge directed that in the event of the appellants paying the entire arrears of lease rent on or before 15.5.2010 they will be liable to pay interest only at the rate of 6% per annum instead of interest at the rate of 12% demanded by the respondents. The learned single Judge also directed that if payment is not made within the time limit stipulated, the direction regarding the reduction in the rate of interest shall stand vacated. W.A.No.1254 of 2010 - 2 - 2. This writ appeal is filed on 25th June, 2010 canvassing the correctness of the said order. When the writ appeal came up for admission today, the learned counsel appearing for the appellants, submitted that the appellants may be granted one week's time from today to pay the entire arrears along with interest at the rate of 6% per annum. We notice that the learned single Judge who disposed of the review petition on 17.3.2010 had given the appellants time till 15.5.2010 to pay the entire arrears. The learned single Judge had stated in categorical terms that the direction regarding reduced rate of interest will stand vacated if the appellants do not pay the arrears of lease rent on or before 15.5.2010. The instant writ appeal is filed long after the said period expired, namely on 25.6.2010. The appellants ought to have, in our opinion, moved the writ appeal before the expiry of the said period. It is evident from the conduct of the appellants that the appellants are only interested in seeking postponement of the payment of arrears of W.A.No.1254 of 2010 - 3 - lease rent. In such circumstances, we are not inclined to grant any further time to the appellants to pay the arrears of lease rent. The writ appeal fails and is accordingly dismissed in limine. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns