IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 5901 of 2011(K) ------------------------------------ PETITIONER(S): ------------------------ SUNNY CHERIAN, MARANGATT HOUSE, ARPOOKARA WEST P.O., KOTTAYAM, REPRESENTED AND SIGNED BY HIS POWER OF ATTORNEY HOLDER JAMES U.M. BY ADVS. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): ------------------------- 1. ETTUMANOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ETTUMANOOR-696 631. 2. THE SPECIAL GRADE SECRETARY, ETTUMANOOR GRAMA PANCHAYAT, ETTUMANOOR-696 631. 3. THE DEPUTY DIRECTOR OF PANCHAYAT, KOTTAYAM-686 001. R1 & R2 BY ADV. SRI.S.SHANAVAS KHAN R3 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.5901 of 2011 ---------------------------- Dated 1st April, 2011 JUDGMENT This writ petition has been filed mainly challenging Ext.P4 notice in respect of item No.11 viz., room No.21 belonging to the first respondent Panchayat. The further prayer is for issuance of a writ of mandamus compelling the respondents to permit the petitioner to continue in the said premises and for a declaration that the first respondent Panchayat has no right to dispossess the petitioner by conducting auction as indicated in Ext.P4. When this matter came up for admission on 24.2.2011 this Court passed an interim order directing the respondents not to confirm the sale if auction is conducted in terms of Ext.P4, without obtaining further orders from this Court. 2. When this matter is taken up for consideration today, the learned Standing Counsel for respondents 1 and 2 submitted that they were constrained to conduct auction in respect of the room in question since the petitioner has committed default in payment of rent since 2002. This contention is not at all disputed by the petitioner. In fact, the learned standing counsel submitted that in case the petitioner makes lump sum payment of the arrear amount and makes an application for permission to continue to occupy the room in question, it will be WP(C).No.5901/2011 2 considered by the respondents. It will also be open to the petitioner to approach the second respondent with a request for waiver of the interest, it is further submitted. In the above circumstances, this writ petition is disposed of permitting the petitioner to make lump sum payment of the actual arrears of rent, within a period of one month from today. On payment of the amount, it will be open to the petitioner to seek for waiver of the interest. In case, the petitioner submits such an application after effecting the payment as permitted the second respondent shall consider the request, in accordance with law, expeditiously. However, in case of failure on the part of the petitioner to comply with the conditions and effect the payment, it will be open to the respondents to take appropriate steps to tender the room in question and also to realise the arrears of rent, in accordance with law. To enable the petitioner to comply with the conditions, the interim order passed on 24.2.2011 will continue to remain in force. However, it is made clear that it will cease to be in force in case of failure on the part of the petitioner to make lump sum payment of the arrears within the period stipulated above. Sd/- C.T.RAVIKUMAR Judge TKS