Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939
WP(C).No. 7525 of 2018
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PETITIONER(S)
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M/S AGRI TOURISM MULTI- STATE CO-OPERATIVE SOCIETY LIMITED,
REPRESENTED BY ITS CHAIRMAN PARATHODU ANTONY,
S/O. VARGHESE, ERRA 6, NANATT ELAVUNGAL ROAD,
PIPELINE, PALARIVATTOM, KOCHI-682 025.
BY ADVS.SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM.
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE, KAKKANAD, ERNAKULAM-682 030.
2. GREATER COCHIN DEVELOPMENT AUTHORITY,
REPRESENTED BY ITS SECRETARY,
GCDA OFFICE, KADAVANTHRA, KOCHI-682 019.
R1 BY SR. GOVT. PLEADER SRI.P.M. MANOJ.
R2 BY SRI.V.J.MATHEW, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-03-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
12/03/2018.
WP(C).No. 7525 of 2018 (M)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.6480/B-2/2015/GCDA DATED
21.11.2015 ISSUED BY THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF LEASE DEED DATED 23.06.2016 OF SRO,
ERNAKULAM.
EXHIBIT P3 TRUE COPY OF DEMAND NOTICE DATED 09.02.2017
ISSUED BY THE RESPONDENT TO APPELLANT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 27.02.2017
SUBMITTED BY THE APPELLANT TO THE RESPONDENT.
EXHIBIT P5 TRUE COPY OF PROCEEDINGS DATED 28.03.2017 ISSUED
BY THE RESPONDENT.
EXHIBIT P6 TRUE COPY OF LETTER DATED 08.06.2017 ISSUED BY
THE APPELLANT, TO RESPONDENT.
EXHIBIT P7 TRUE COPY OF DEMAND NOTICE DATED 26.07.2017
ISSUED BY THE RESPONDENT.
EXHIBIT P8 TRUE COPY OF NOTICE DATED 26.07.2017 ISSUED BY THE
RESPONDENT.
EXHIBIT P9 TRUE COPY OF ORDER DATED 27.10.2017 ISSUED BY THE
RESPONDENT TO APPELLANT.
EXHIBIT P10 TRUE COPY OF NOTICE DATED 25.11.2017 ISSUED BY THE
RESPONDENT TO THE APPELLANT.
EXHIBIT P11 TRUE COPY OF NOTICE DATED 08.01.2018 ISSUED BY THE
RESPONDENT TO THE APPELLANT.
EXHIBIT P12 TRUE COPY OF ORDER NO.2232/C-5/O.S.-59/CMDS DATED
31.01.2018 PASSED BY THE RESPONDENT.
EXHIBIT P13 TRUE COPY OF MEMORANDUM OF APPEAL DATED
28.02.2018 FILED BY PETITIONER BEFORE 1ST
RESPONDENT.
EXHIBIT P14 TRUE COPY OF APPLICATION FOR STAY DATED 28.02.2018
FILED BY THE PETITIONER.
EXHIBIT P15 TRUE COPY OF THE RECEIPT DATED 01.03.2018 ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS:
NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
12/03/2018.
SHAJI P. CHALY, J.
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W.P.(C). No. 7525 OF 2018
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Dated this the 06th day of March, 2018
JUDGMENT Petitioner society had taken on lease premises from the second respondent, as per Ext.P2 lease deed and according to the petitioner, substantial amounts are paid as upfront lease premium and deposit. Various other contentions are raised by the petitioner with respect to unfit condition to use the premises in question. However, it is admitted that amounts are due from the petitioner to the second respondent. Thereupon, Ext.P11 notice seeking arrears of rent along with GST was issued, from where I could gather is that an amount of Rs. 9,60,908/- is remaining due from the petitioner. Thereafter, consequent to non-payment, Ext.P12 order is issued stating that proceedings will be initiated under the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968, if the petitioner is not vacating the premises. Being aggrieved, petitioner has submitted Ext.P13 appeal
W.P.(C). No. 7525 of 2018 2 before the District Collector, Ernakulam along with Ext.P14 stay petition, which are pending consideration. Petitioner seeks early disposal of Ext.P14. 2. Having heard learned counsel for the petitioner, learned Senior Government Pleader and learned Standing Counsel for the second respondent, there will be a direction to the first respondent to consider Ext.P13 appeal and take a decision on the same, within three months from the date of receipt of a copy of this judgment. Further coercive action pertaining to Exts.P11 and P12 will stand stayed on condition that the petitioner remits 50% of the actual rent amount due, within three weeks from today. The parties will be guided by the orders passed by the first respondent as is directed above. The writ petition is disposed of, accordingly. SHAJI P. CHALY JUDGE DCS
