Leela Chacko vs. State Of Kerala
Held
The High Court found no justification for the respondents' non-payment of rent. It directed the competent among respondents 2 to 4 (Deputy Commissioner, Commercial Taxes Officer, Commissioner) to pay the admitted arrears of rent to the petitioner within a period of three months.
Facts
The petitioner, owner of a building, rented it out to the Commercial Tax Department of the State of Kerala for accommodating their offices. The monthly rent, after periodical enhancements, amounted to ₹3,45,000/- from July 2016. The petitioner sought a direction for payment of rent arrears, which had accumulated for 14 months.
Key Issues
The key legal issue was the non-payment of admitted rent arrears by the State's Commercial Tax Department to the building owner, despite occupying the premises.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943 WP(C) NO. 3321 OF 2020 PETITIONER: LEELA CHACKO, AGED 66 YEARS, D/O. V.P. KORATHU, SAROHITO, VALAVI ROAD, ERNAKULAM NORTH P.O., KOCHI, ERNAKULAM DISTRICT, PIN-682 018 BY ADVS. SRI.JOSEPH GEORGE SRI.BIJO THOMAS GEORGE SMT.NICEY A. MENON SRI.P.A.REJIMON RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF TAXES (C), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ,PIN-695 001 2 THE DEPUTY COMMISSIONER OF STATE TAX, SGST DEPARTMENT, TAXES COMPLEX, PERUMANOOR P.O., ERNAKULAM DISTRICT, KOCHI, PIN-682 015 3 THE COMMERCIAL TAXES OFFICER SGST, BUILDING NO.41/3945 ABC, CLAS TOWERS, KARGIL LANE, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI, PIN-682 018 4 THE COMMISSIONER, STATE GST DEPARTMENT, 9TH FLOOR, TAX TOWER, KILLIPPALAM, KARAMANA P.O., THIRUVANANTHAPURAM, PIN-695 002 SRI.APPU P S, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3321/2020 2 JUDGMENT Dated this the 17th day of January, 2022 The petitioner, who is the owner
The judgment continues below.
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