Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 25TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944 WP(C) NO. 26081 OF 2021 PETITIONER:
SOUTH INDIAN SCRAP TRADERS 32/366P, PUTHIYA ROAD, PALARIVATTOM, ERNAKULAM-682 025, REPRESENTED BY ITS PROPRIETOR, MR P.A.MOHAMMADALI.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN KESHAVRAJ NAIR RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, ANNEXE, THIRUVANANTHAPURAM-695 001.
2 THE ADDITIONAL CHIEF SECRETARY (FINANCE) FINANCE (INDUSTRIES & PW-A) DEPARTMENT, ROOM NO 396, 1ST FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 ALUVA MUNICIPALITY PERIYAR NAGAR, ALUVA-683 101, REPRESENTED BY ITS SECRETARY.
BY ADV K.T.THOMAS SRI. B.S. SYAMANTHAK, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.26081 of 2021 2 T.R.RAVI, J.
---------------------------------------- WP(C) NO.26081 OF 2021 ------------------------------------------- Dated this the 25th .day of March, 2022 JUDGMENT The petitioner which is a registered MSME unit has taken on rent certain land from the Aluva Municipality for the purpose of storage of scrap items. There is a lease agreement between the petitioner and the 3rd respondent which is valid till 31.03.2022.
Amounts are due from the petitioner to the lessor. The petitioner has a grievance that due to lock down imposed and the covid -19 pandemic, the business operations are seriously affected and as relief measures, the Government had announced waiver of rent payable to the Government, semi- government, public sector undertakings and Local Self Governments. The petitioner has approached the 3rd respondent for waiver of rent for the period from April 2020 to March 2021. The 3rd respondent waived the rents for the months March, April and May 2020 based on Ext.P6 order issued by the Government. The petitioner submits that they have remitted the rent amount to the 3rd respondent for the rest of the months till 31.03.2021. Six months rent is still pending for
WP(C)No.26081 of 2021 3 which the petitioner claims exemption. The petitioner has approached the 1st and 2nd respondents with Exts.P14 and P14(a) letters for the above purpose. It is submitted that the 3rd respondent is proceeding to initiate action for recovery of the amounts due to them and the petitioner will be seriously prejudiced if such action is taken before Exts.P14 and P14(a) letters are disposed of by the Government.
2. At the time of admission, this Court had directed that coercive proceedings shall be kept in abeyance. When the case is taken up today, it is submitted by the counsel for the petitioner that a sum of Rs.13,25,038/- is lying in deposit with the 3rd respondent which will cover the rent arrears sought to be exempted. It is submitted by the petitioner as well as the 3rd respondent that the rent agreement will expire on 31.03.2022 and it is proposed to extend the lease for further periods. The counsel for the 3rd respondent apprehends that if the amounts already in deposit is allowed to be adjusted towards the amounts overdue, it may cause difficulties since what is lying in deposit is the rent advance for three months and a sum of 5,00,000/- which is the security amount to ensure payment of the rent for the entire period of lease agreement.
WP(C)No.26081 of 2021 4 3. Having considered the contentions of the parties, this Court is of the opinion that interest of justice will be served if the writ petition is disposed of in the following manner;
There will be a direction to respondents 1 and 2 to consider and pass orders on Exts.P14 and P14(a) letters after hearing the petitioner at the earliest at any rate within two months from the date of receipt of a copy of this judgment. If the parties decides to renew the lease agreement, the 3rd respondent is free to demand fresh security and to retain the security amount in deposit as per the earlier lease agreement as security towards the amount of rent in arrears. If respondents 1 and 2 decide to exempt the amount of rent for the period of six months as claimed by the petitioner, necessary adjustments shall be made from the amount in deposit.
Sd/- T.R.RAVI JUDGE Sn
WP(C)No.26081 of 2021 5 APPENDIX OF WP(C) 26081/2021 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 21.9.2017 IN FORM GST REG-06 ISSUED UNDER THE PROVISIONS OF GST ACT Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED 19.4.2021 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT EVIDENCING THE PAYMENT OF RENT FOR THE MONTH OF APRIL, 2021 Exhibit P2(A) THE TRUE COPY OF THE RECEIPT DATED 5.5.2021 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, EVIDENCING THE PAYMENT OF RENT FOR THE MONTH OF MAY, 2021 Exhibit P2(B) THE TRUE COPY OF THE RECEIPT DATED 21.6.2021 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, EVIDENCING THE PAYMENT OF RENT FOR THE MONTH OF JUNE, 2021 Exhibit P2(C) THE TRUE COPY OF THE RECEIPT DATED 21.6.2021 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, EVIDENCING THE PAYMENT OF RENT FOR THE MONTH OF JULY, 2021 Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED 10.5.2016 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, EVIDENCING THE PAYMENT OF ADVANCE COLLECTION OF AUCTION DEPOSIT/RENT DEPOSIT FOR THE YEAR 2016-17 Exhibit P3(A) THE TRUE COPY OF THE RECEIPT DATED 2.6.2016 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, EVIDENCING THE PAYMENT OF ADVANCE COLLECTION OF AUCTION DEPOSIT/RENT DEPOSIT FOR THE YEARS 2016- 17 Exhibit P3(B) THE TRUE COPY OF THE RECEIPT DATED 6.3.2018 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, EVIDENCING THE PAYMENT OF ADVANCE COLLECTION OF AUCTION DEPOSIT/RENT DEPOSIT FOR THE YEARS 2017- 18
WP(C)No.26081 of 2021 6 Exhibit P3(C) THE TRUE COPY OF THE RECEIPT DATED 21.6.2021 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, EVIDENCING THE PAYMENT OF ADVANCE COLLECTION OF AUCTION DEPOSIT/RENT DEPOSIT FOR THE YEARS 2021- 22 Exhibit P4 THE TRUE COPY OF THE RECEIPT DATED 8.3.2018, ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT FOR AN AMOUNT OF RS.1,00,000/- Exhibit P4(A) THE TRUE COPY OF DEMAND DRAFT NO 212459 DATED 12.3.2020 DRAWN AT THE SOUTH INDIAN BANK LIMITED, PALARIVATTOM Exhibit P5 THE TRUE COPY OF THE LETTER DATED 29.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P6 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 30.3.2020 ISSUED BY THE PRINCIPAL SECRETARY, INDUSTRIES (B) DEPARTMENT, GOVERNMENT OF KERALA Exhibit P7 THE TRUE COPY OF THE LETTER DATED 26.8.2020 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE 3RD RESPONDENT Exhibit P8 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 19.5.2021 ISSUED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA Exhibit P9 TRUE COPY OF THE LETTER DATED 15.6.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P10 THE TRUE COPY OF THE LETTER (WITHOUT ANNEXURES) DATED 18.6.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P11 THE TRUE COPY OF THE NOTICE DATED 18.10.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P11(A) THE TRUE COPY OF THE POSTAL RECEIPT RECEIVED ALONG WITH EXT P-11
WP(C)No.26081 of 2021 7 Exhibit P12 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 30.9.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P12(a) TRUE COPY OF THE GOVERNMENT ORDER DATED 6.11.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P13 THE TRUE COPY OF THE LETTER (WITHOUT ANNEXURE) DATED 15.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P14 THE TRUE COPY OF THE LETTER (WITHOUT ANNEXURES) DATED 15.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P14(a) THE TRUE COPY OF THE LETTER (WITHOUT ANNEXURES) DATED 15.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P15 THE TRUE COPY OF THE POSTAL RECEIPT DATED 18.11.2021 EVIDENCING THE PROOF OF DESPATCH OF EXT P14 LETTER TO THE 1ST RESPONDENT Exhibit P15(a) THE TRUE COPY OF THE POSTAL RECEIPTS DATED 18.11.2021 EVIDENCING THE PROOF OF DESPATCH OF EXT P14 (A) LETTER TO THE 2ND RESPONDENT Exhibit P16 THE TRUE COPY OF THE E-MAIL DATED 18.11.2021 SEND TO THE E-MAIL ADDRESSES OF THE 1ST RESPONDENT Exhibit P16(a) THE TRUE COPY OF THE E-MAIL DATED 18.11.2021 SEND TO THE E-MAIL ADDRESS OF THE 2ND RESPONDENT Exhibit P17 THE TRUE COPY OF THE MSME CERTIFICATE DATED NIL ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA Exhibit P18 THE TRUE COPY OF THE CERTIFICATE OF LOAN DATED 11.11.2021 ISSUED BY THE BRANCH MANAGER, THE SOUTH INDIAN BANK PALARIVATTOM BRANCH Exhibit P21 TRUE COPY OF THE RECEIPT DATED 10.5.2016 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT Exhibit P22 TRUE COPY OF THE RECEIPT DATED 2.6.2016 ISSUED
WP(C)No.26081 of 2021 8 FROM THE OFFICE OF THE 3RD RESPONDENT Exhibit P23 TRUE COPY OF THE RECEIPT DATED 6.3.2018 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT Exhibit P24 TRUE COPY OF THE RECEIPT DATED 21.6.2021 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT Exhibit P25 TRUE COPY OF THE RECEIPT DATED 10.3.2022 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE