Nabeesath Beevi vs. The Chairperson

WP(C)/34172/2023HC KeralaGSTCNR KLHC01076584202303 November 2023Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS5 pages
AI SummaryAllowed

Held

The Court allowed the petitioner to repay the entire balance amount due, including 8% GST, to the Municipality in five equated monthly installments. It was clarified that any single default would permit the respondents to proceed in accordance with law, and no further extensions would be granted.

Facts

The petitioner challenged a notice issued by the Municipal Secretary directing the closure of her leased shoprooms due to outstanding rent arrears. The Court had previously granted an interim stay on condition of a partial deposit, which the petitioner partially complied with while seeking an extension.

Key Issues

The key legal issues were the validity of the municipality's notice for shoproom closure due to rent arrears and whether the petitioner should be granted an installment facility for repayment of the outstanding dues.

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Heard together (2 matters)

WP(C) NO. 34172 OF 2023
TC 67/29

Read from the judgment's own cause title. This page is filed under one of them.

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

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