Mary Lolia Ann vs. Greater Cochin Development Authority - Kerala High Court, 31 August 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY ,THE 31ST DAY OF AUGUST 2018 / 9TH BHADRA, 1940 WP(C).No. 27252 of 2018 PETITIONER: MARY LOLIA ANN AGED 50 YEARS,W/O.LATE JIMMY ANTONY, ECSAM, CC 34/2215 KALLINGAL PARAMBU, MAMANGALAM, PALARIVATTOM, ERNAKULAM - 682 025. BY ADV. SRI. VARUGHESE M EASO RESPONDENT: GREATER COCHIN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, ERNAKULAM - 682 020. BY.SRI.VIPIN P VARGHESE, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27252 of 2018 2 ANU SIVARAMAN, J. =================== W.P.(C).No. 27252 of 2018 ==================== Dated this the 31st day of August, 2018

J U D G M E N T The petitioner has approached this Court seeking the following reliefs: i. issue a writ of certiorari quashing Exhibits P5 and P6; ii. Issue any other appropriate writ, order or direction also may be granted to meet out justice under the circumstances of the above case and iii. Cost of this proceedings.

Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondent.

It is submitted by the learned counsel for the petitioner that the enhancement of rent made by the 1st respondent is unilateral and without considering any of the contention raised by the petitioner. It is submitted that in similar cases, this Court has directed to consider the objections preferred by the petitioner to the enhancement of rent and to pass orders on the same, in accordance with law. In the above view of the matter, that in case the petitioner approaches the respondent with a representation pointing out the amounts paid by the petitioner as rent as also raising objections as to the unilateral enhancement of rent within 10 days from the date of receipt of a copy of this judgment, the same will be considered in accordance with law by the respondent within 3 weeks thereafter. Till such time as orders are passed on the representation preferred by the petitioner, coercive steps shall not be taken against the petitioner, in case the pre-enhanced rent is paid without any default. This writ petition is ordered accordingly. ANU SIVARAMAN rp-31.8 JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF LEASE AGREEMENT NO.1076/98 DATED 18.3. 98. EXHIBIT P2OF THE ALLOTMENT ORDER NO.621/C4/81/GCDA DATED 4.2. 98. EXHIBIT P3OF THE ORDER NO.621/C4/81 GCDA DATED 23.11.16 ISSUED BY THE RESPONDENT. EXHIBIT P4OF RENT RECEIPT NO.2421 FOR RS.7292/-(RS.6180/- +GST) DATED 28.6.18 FOR THE YEAR 2018/19. EXHIBIT P5OF LETTER NO.7469/C4/13/GCDA DATED 16.7.18 ISSUED BY RESPONDENT TO THE PETITIONER. EXHIBIT P6OF THE INVOICE NO.RT 2947 DATED 5.7.18 ISSUED BY RESPONDENT TO THE PETITIONER.