A.J.Xavier v. The Greater Cochin Development Authority - Kerala High Court, 29 June 2022

IN THE HIGH cOuRT OF KERALA AT ERl\lAKULAM PRESENT THE HONOuRABLE MR.JUSTICE V.C.ARUN WEDNE AY, THE 29" DAY OF JUNE 2022 / 8Tll ASHADHA, 1944 wh{Cl it6. 48il 0i 2®19 PETITIONERS : A . I . XAVIER AGED 65 YEARS ALUNRAL HOUSE, CHILAVAHAIUR, ER»AKULAM. BY ADVS. T.H.ABDUL AZEEZ SRI . MOHAMMED SADIQUE . T . A REsponDENTs : 1 THE GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, KADAVAVTHARA, KOCHI 682 ®20. THE SECRETARY, THE GREATER COCHIN WOULD DEVELOPMENT AUTHORITY, KADAVANTHARA, KOcllI 682 02®. BY ADVS. VIPIN P VARGHESE, STANDING COUNSEL FOR GCDA ARu» ANTONY(K/151/2®12) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION 0N 29.®6.2022, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 48110F 2®19 NB/29-6 Dated this the 29th day of )une, 2022 Learned Counsel for the petitioner submits that the dispute involved has been settled through mediation. This is recorded and the writ petition is closed. V.G.ARUN JUDGE

WP(C) NO. 48110F 2®19 PETITIONER'S EXHIBITS EXIIIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 APPENDIX 0F WP/Cl 4811/2®190F THE LEASE AGREEMENT DATED 14/3/1979 EXECUTED BETWEEN THE PETITIOwER AND THE IST RESPONDENT.OF THE NOTICE DATED 27/5/2®16 ISSUED BY TIIE IST RESPONDENT T0 THE PETITIONER.0F THE NOTICE NO. 121®/C14/REVENUE/81/CCDA DATED 19/2/2®18 ISSUED BY THE IST RESPONDENT T0 TllE PETITIONER.OF THE 26/2/2®18 SUBMITTED BY THE PETITIONER BEFORE TllE IST RESPONDENT.OF THE NOTlcE ro. 1517/c5B/cMDs/CCDA/ 2®18 DATED 12/6/2®18 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.OF Tl+E NOTICE NO 121®/C-14/81/GCDA DATED 31/1/19 ISSUED BY THE IST RESPONDENT TO Tl]E PETITIONER. RESPONDENTS' EXHIBITS : NILP.A. T0 JUDGE

n BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM A.I Xavier Petitioner Vs. Greater cochin Development Authority : Respondents & Another ADEL- Mediated, matter is settled. Terms and conditions are attached herewith. Dated this the 14th day of June, 2022. Ernakulam Mediation Centre

a BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM A.j Xavier Petitioner Vs. Greatercochjn DevelopmentAuthority : Respondents & Another MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

Both parties hereby agree that the rent is fl.xed at the rate of Rs 28.5/Sq.ft per month for the area of 305.826 sq.ft, and paid monthly from 14/06/2022. The rent will increase @ 5°/o in every year from this date and corresponding security deposit is to be paid.

Both parties further agree that all other conditions in the rental agreement between the petitioner and respondent will continue.

Petitioner agrees to pay the difference between GST paid by GCDA on the enhanced rent demanded by GCDA and the GST collected from the petitioner if any till the date of interim order dated 18/02/2019 was passed by this Hon'ble Court. /` #¢u`tal`y Kera!as(qteHT::ia:i::+3::£::ac,i:iationcentr® Kochi -682 031

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Petitioner agrees to pay the rent arrear if any within 3 months from this date. However, the exemption on rent granted due to Covid-19 shall be granted to the petitioner.

In violation of the conditions as stated above any of the aggrieved party can approach before the Court for executing the decree passed in the above case.

Both the parties agrees to dispose of the above Writ Petition in terms of the compromise agreement without cost to either parties. Dated this the 14th day of June, 2022. Petitioner A.,Xdy Respondent ouaiul6msv Greater Cochin Development Authority EEEEEIE= 1-,- Counsel for the Petitioner Kci.iaslj"€'.!*n{JConc"lit;oiicen{re Hlgri (;uurt oi rt'ei.ala Kochi -682 031 !w:):h::A:n®db:nft