Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 WP(C) NO. 7178 OF 2022 PETITIONERS:
1 MOHAMMED HANEEFA AGED 55 YEARS S/O. ABBAS, NEW P.M HOUSE, MULIYAR (PO0 CHENGALA- VIA, KASARAGOD DISTRICT PIN 671 542 2 ARAVINDAKSHAN S AGED 51 YEARS S/O. SHIVARAMAN NAIR, SREE BHAVANAM, BANDADUKKA (P.O) CHENGALA VIA, KASARAGOD DISTRICT PIN 671 541 3 NARAYANAN A.P S/O. APPA, DEVI NIVAS, BANDADKA (PO0 CHENGALA VIA, KASARAGOD DISTRICT, PIN 671 541 4 RAMAKRISHNAN K S/O. MADHAVAN NAIR, MOTTA HOUSE, MANIMOOLA (PO) CHENGALA VIA, KASARAGOD DISTRICT PIN 671 541 5 BABU NAIK S/O. LATE GADAPPA NAIK, ANCHINADUKKAM HOUSE, MANIMOOLA (PO), CHENGLA VIA, KASARAGOD DISTRICT, PIN 671 541 6 MOHANAN NAMBIAR M S/O. MATHU NAIR, PUTHIYAVALAPPU HOUSE, MANIMOOLA (PO) CHENGALA VIA , KASARAGOD DISTRICT 7 KARUNAKARAN M S/O. CHINDAN NAIR, NARABILAKANDAM HOUSE, BANDADKA (PO0, CHENGALA VILA , KASARAGOD DISTRICT PIN 671 541 8 UNNIKRISHNAN C.K S/O. KUNHAMBU NAIR, CHIKKANDA MOOLA HOUSE, MANI MOOLA (PO), CHENGALA VIA, KASARAGOD DISTRICT, PIN 671 541 9 RAFEEK S/O. ABDUL KHADEER ENIYADI, ENIYADI HOUSE, BANDADUKA (PO), CHENGALA VIA, KASARAGOD DISTRICT, PIN 671 541
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10 C. MADHAVAN NAIR, S/O. K. CHANDRAN NAIR, KAMMATTA, NACHIPUDUPPU, SHAMKARAMPADI (PO), KASARAGOD DISTRICT, PIN 671 541 11 JOBY SEBASTIAN S/O. SEBASTIAN, CHATHANATTU HOUSE, ARIMBILAKANDAM, BANDADUKA (PO) KASARAGOD DISTRICT, PIN 671 541 12 PRAKASH P.C S/O. CHAKKO, PAZHAYAPARAMBIL HOUSE, CHIKKANDAMOOLA, MANIMOOLA (PO) CHENGALA VIA, KASARAGOD DISTRICT PIN 671 541 13 HAKEEM K.M S/O. MOHAMMED, ANSARIYA MANZIL, KAMBAR (PO) KASARAGOD DISTRICT, PIN 671 124 BY ADVS.
R.BINDU (SASTHAMANGALAM) C.THEJUS PURUSHOTHAMAN G.RAJAGOPAL (KUMMANAM) RESPONDENTS:
1 THE KUTTIKKOL GRAMA PANCHAYAT KUTTIKKOL, KASARAGOD DISTRICT, PIN 671 541 REPRESENTED BY ITS SECRETARY 2 THE SECRETARY KUTTIKKOL GRAMA PANCHAYATH, KUTTIKKOL, KASARAGOD DISTRICT, PIN 671 541 3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN 695 001 BY ADV M.SASINDRAN OTHER PRESENT:
GP – SRI. RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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VIJU ABRAHAM, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No.7178 of 2022 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of January, 2023 JUDGMENT The petitioners are carrying out their business in the rooms let out to them on lease by the 1st respondent Panchayat in the bus stand shopping complex constructed by the 1st respondent at Bandudaka. They have been in occupation of the shop rooms for the past more than 15 years. The shop rooms are leased out to the petitioners on yearly basis on executing an agreement with conditions stipulating the rate of rent applicable in the locality. As early as in 2006, the committee of the 1st respondent has taken a decision to increase the monthly rent by 5% of the then existing rate and thereafter in 2013, the rent was again increased by 10%.
Even though the rent was increased, the respondents did not take any steps for maintenance of the building and on a complaint made by the petitioners, the 2nd respondent has assured that necessary repair work will be carried out at the earliest and that until the repair works are carried out, there will not be any hike in the rent.
Contrary to the said assurance, the rent was increased by 10% for the period from 2014 to 2018. This was challenged by the
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petitioners in W.P.(C) No.10617/2017 and the said writ petition was disposed of by Ext.P1 judgment, directing the 2nd respondent Panchayat to consider the request made by the petitioners within a time frame. Pursuant to which the petitioners were heard and it was decided that further hike in rent will be made only after carrying out the necessary repair works in the buildings and after providing the basic amenities to the tenants occupying the shop rooms. In 2020 and 2021, due to Covid pandemic, though fresh agreements were not executed, the petitioners were permitted to continue with their occupation on the basis of their agreement for the previous year. But the petitioners were forced to close down their shop rooms as per the orders issued by the Government for a considerable period and therefore, they could not conduct the business. While so, the Government came with Ext.P3 order granting complete exemption of rent for the period from July 2021 to December 2021. But, in total disregard of Ext.P3, the 2nd respondent had issued a notice to the petitioners informing that the rate of rent stands increased by 5% for the period 2021-2022 and further directed the petitioners to pay the arrears of the rent from April 2021 to September 2021 along with 18% GST and 1% flood CESS. Ext.P4 is the notice issued to the 6th petitioner and the other
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petitioners have also been issued with similar notice. Aggrieved by Ext.P4, the petitioners have approached the 2nd respondent by submitting Ext.P5 representation, also taking a specific contention that after receipt of the rent, they cannot later on demand GST.
The petitioners submitted that none of the contentions in Ext.P5 have been considered till date.
2. Heard the learned Standing Counsel for the respondent Panchayath and the learned Government Pleader.
Considering the facts and circumstances of the case and the nature of allegations, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P5 as expeditiously as possible, at any rate, on or before 31st March, 2023, ie., before execution of the agreement for the next year, after affording an opportunity of being heard the petitioners/their representative.
With the above said directions, the writ petition is disposed of.
Sd/- VIJU ABRAHAM
JUDGE sm/
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APPENDIX OF WP(C) 7178/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 10617/2017 DATED 28-03-2017 Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE 6TH PETITIONER DATED 12- 03-2021 Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE GOVERNMENT DATED 30-09-2021 Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER DATED 30- 09-2021 Exhibit P5 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONERS TO THE 2ND RESPONDENT