Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 3RD DAY OF NOVEMBER 2023 / 12TH KARTHIKA, 1945 WP(C) NO. 34172 OF 2023 PETITIONER:
NABEESATH BEEVI AGED 39 YEARS D/O NUJOOMA BEEVI ARS MANZIL TC 67/2909 [1] PRAVANKUNNU RADHAKRISHNAN LANE, POONTHURA P.O. THIRUVANTHAPURAM, PIN – 695 026.
BY ADV M.R.SARIN RESPONDENTS:
1 THE CHAIRPERSON, NEDUMANGAD MUNICIPALITY, SATHRAM JUNCTION, NEDUMANGAD P.O, THIRUVANANTHAPURAM, PIN – 695 541.
2 THE VICE CHAIRPERSON AND STANDING COMMITTEE CHAIRMAN (FINANCE), NEDUMANGAD MUNICIPALITY, SATHRAM JUNCTION, NEDUMANGAD P.O, THIRUVANANTHAPURAM, PIN – 695 541.
3 THE NEDUMANGAD MUNICIPALITY SATHRAM JUNCTION, NEDUMANGAD P.O, THIRUVANANTHAPURAM, PIN – 695 541.
REPRESENTED BY ITS MUNICIPAL SECRETARY, 4 THE MUNICIPAL SECRETARY NEDUMANGAD MUNICIPALITY, SATHRAM JUNCTION, NEDUMANGAD P.O, THIRUVANANTHAPURAM, PIN – 695 541.
SRI.R.B.RAJESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34172 OF 2023 2 BECHU KURIAN THOMAS, J ......….............................................
W.P.(C).No.34172 of 2023 …................................................
Dated this the 3rd day of November, 2023 JUDGMENT Petitioner challenges Ext.P9 notice issued by the 4th respondent directing the closure of shoprooms, taken on lease by the petitioner, for failure to remit the arrears of rent.
2. On 16.10.2023 this Court had directed Ext.P9 to be kept in abeyance on condition that petitioner deposits an amount of Rs.5,00,000/- on or before 31.10.2023. It is submitted that in partial compliance with the order, Rs.3,00,000/- has been paid and petitioner has filed I.A.No.1/2023 seeking extension of time to pay the balance amount.
3. When the matter came up for consideration, Sri.R.B.Rajesh, the learned Stadning counsel, upon instructions, submitted that an amount of Rs.8,09,142/- is due from the petitioner as on October, 2023 along with 8% GST and that respondents were willing to permit the petitioner to
WP(C) NO. 34172 OF 2023 3 continue occupation of the shoprooms provided the entire liability due from him is reapid in ‘five’ equated monthly instalments.
4. Since the respondent has agreed to provide a breathing time to the petitioner to pay the entire arrears, I am of the view that, notwithstanding the failure of the petitioner to comply with the direction to deposit Rs.5,00,000/-, a lenient view can be adopted and issue a direction for repayment of the balance amount in instalments.
5. In the above circumstances, this writ petition is disposed of, directing the petitioner to repay the entire balance amount due to the respondents in ‘five’ equated monthly instalments commencing from 29.11.2023 onwards.
6. However, in the event of any single default committed by the petitioner, the respondent will be free to proceed in accordance with law.
7. It is clarified that, no further extension under any circumstances shall be granted to the petitioner. To enable the petitioner to repay the amount, a statement of
WP(C) NO. 34172 OF 2023 4 account shall be served on the petitioner by the respondent before 17.11.2023.
With the above directions, this writ petition is disposed of.
BECHU KURIAN THOMAS JUDGE AMV/03/11/2023
WP(C) NO. 34172 OF 2023 5 APPENDIX OF WP(C) 34172/2023 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF RECEIPT OF DEMAND DRAFT TAKEN BY THE PETITIONER AND ANILATHA IN FAVOR OF THE 4TH RESPONDENT DATED ON 13.03.2019 EXHIBIT P1(A) THE TRUE COPY OF RECEIPT OF DEMAND DRAFT TAKEN BY THE PETITIONER AND ANILATHA IN FAVOR OF THE 4TH RESPONDENT DATED ON 13.03.2019 EXHIBIT P2 THE TRUE COPY OF AGREEMENT DEED OF PARTNERSHIP PETITIONER AND ANILATHA DATED ON 12.04.2019 EXHIBIT P3 THE TRUE COPIES OF LICENSE NO.KL-TVM- 142363 ISSUED BY THE DRUG INSPECTOR, THIRUVANANTHAPURAM
DATED
ON 21.05.2019 EXHIBIT P4 THE TRUE COPY OF RENT RECEIPTS ISSUED BY THE 3RD RESPONDENT FROM 2019 TO 2023 EXHIBIT P5 THE TRUE COPY OF NOTICE ISSUED BY THE 4TH RESPONDENT DATED ON 02.02.2023 EXHIBIT P6 THE TRUE COPY OF REPRESENTATION LETTER FILED BY THE MANAGER OF PETITIONER'S PHARMACY BEFORE THE 1ST RESPONDENT DATED ON 26.09.2023 EXHIBIT P7 THE TRUE COPY OF REPRESENTATION LETTERS FILED BY THE MANAGER OF PETITIONER'S PHARMACY PETITIONER BEFORE THE 2ND RESPONDENT DATED ON 26.09.2023 EXHIBIT P8 THE TRUE COPY OF REPRESENTATION LETTERS FILED BY THE MANAGER OF PETITIONER'S PHARMACY BEFORE THE 4TH RESPONDENT DATED ON 26.09.2023 EXHIBIT P9 THE TRUE COPY OF NOTICE ISSUED BY THE4TH RESPONDENT DATED ON 10.10.2023 TRUE COPY