Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945 WP(C) NO. 21190 OF 2023 PETITIONER:
LEELA CHACKO, AGED 69 YEARS D/O V.P KORATHU, SAROHITO, VALAVI ROAD, ERNAKULAM NORTH P.O, KOCHI, ERNAKULAM DISTRICT, PIN - 682018 BY ADVS.
JOSEPH GEORGE BIJO THOMAS GEORGE P.A.REJIMON RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES (C), GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001 2 THE DEPUTY COMMISSIONER OF STATE TAX SGST DEPARTMENT, TAXES COMPLEX, PERUMANOOR P.O, ERNAKULAM DISTRICT, KOCHI, PIN - 682015 3 THE COMMERCIAL TAXES OFFICER SGST, BUILDING NO.41/3945 ABC, CLAS TOWERS, KARGIL LANE, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI, PIN - 682018 4 THE COMMISSIONER, STATE GST DEPARTMENT 9TH FLOOR, TAX TOWER, KILLPPALAM, KARAMANA P.O, THIRUVANANTHAPURAM, PIN - 695002 OTHER PRESENT:
SRI. B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 21190/2023 2 P. V. KUNHIKRISHNAN, J.
------------------------------------------- WP(C).No.21190 of 2023 ------------------------------------------- Dated this the 21st day of August, 2023 JUDGMENT The above writ petition is filed with the following prayers:
i) declare that the 1st respondent is duty bound to pay rent to the petitioner as ordered in Exhibit P-1 government order;
ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to pay an amount of Rs.30,17,520/- (Rupees Thirty Lakhs Seventeen Thousand Five Hundred and Twenty Only) to the petitioner, being the arrears of rent of the building from 01-10-2022 to 30-06-2023;
iii) issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to pay the monthly rent to the petitioner regularly and without making any default;
iv) issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to consider and pass order on Exhibit P-4 without any further delay;
v) grant such other and further reliefs as this Hon’ble Court may deem fit and proper in the interest of justice;
[SIC]
WPC 21190/2023 3 2.
When this writ petition came up for consideration, learned counsel for the petitioner submitted that the amount due to the petitioner is received.
If that is the case, nothing survives in this writ petition.
Therefore this writ petition is closed.
Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/
WPC 21190/2023 4 APPENDIX OF WP(C) 21190/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE PHOTOCOPY OF GO (RT) NO:
741/2020/TAXES DATED THIRUVANANTHAPURAM 04-11-2020 Exhibit P-2 TRUE PHOTOCOPY OF LETTER NO:
C3/280/2019-TAXES DATED 06-11-2020 ISSUED BY THE TAXES (C) DEPARTMENT OF GOVERNMENT OF KERALA Exhibit P-3 TRUE PHOTOCOPY OF THE JUDGMENT DATED 17- 01-2022 IN W.P (C) NO: 3321/2020 OF THIS HON'BLE COURT Exhibit P-4 TRUE PHOTOCOPY OF THE LETTER OF THE PETITIONER DATED 17-06-2023 SENT TO THE RESPONDENTS