This review petition reduced the monthly rental charge for a tourist home from the original rate to Rs. 6,21,000. The review petitioner was directed to pay arrears at the revised rate within seven days.
Monthly rent reduced to Rs. 6,21,000. Petitioner directed to remit all arrears at this rate within seven days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929
RP.No. 258 of 2008(I)
--------------------AGAINST THE JUDGEMENT IN WPC.4288/2008 Dated 18/02/2008
REVIEW PETITIONER/PETITIONER IN W.P.C.:
-------------------------------------
SMT.OMANA ASHOKAN, AGED 57 YEARS D/O SANKARAN PANICKER (LATE) SREELAKSHMI, BENNET ROAD CHEMBUKKAVU THRISSUR DISTRICT
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDENTS:
2. THE CORPORATION OF THRISSUR, THRISSUR REP. BY ITS SECRETARY
3. THE SECRETARY CORPORATION OF THRISSUR THRISSUR
4. JOY.K.O, KOONAMMACKAL VEEDU MAROTTICHAL, THRISSUR DISTRICT
5. JOHNY V.S., VATTAKAVIL HOUSE KAINOOR, THRISSUR DISTRICT
BY ADV.SRI.K.B.MOHANDAS, SC, TSR CORP.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PIUS.C.KURIAKOSE, J.
R.P.No.258 OF 2008
ORDER
I have heard Sri.C.C.Thomas, senior counsel for the petitioner and Sri.K.B.Mohandas, standing counsel for the Thrissur Corporation. Having regard to the submissions addressed by the learned senior counsel and the learned standing counsel on the basis of the grounds/ contentions, I am of the view that there is justification for reviewing my judgment to the following limited extent:
The amounts payable by the review petitioner for his occupation of the tourist home will be reduced to Rs. 6,21,000/- per month. Review petitioner will be obliged to pay at the above rate for each month of his occupancy notwithstanding the situation that a sum of rupees thirty seven lakhs remitted by him as security deposit is outstanding with the Corporation. The question of releasing the security amount will arise only when a new licensee is given possession of the tourist home.
RP.No.258/08
2
Review Petition is disposed of as above.
PIUS.C.KURIAKOSE JUDGE
sv.
RP.No.258/08 2
2 issues framed by the court
Whether to revise the monthly rental charge for the occupation of a tourist home and directions for payment of arrears.
Procedure for releasing an outstanding security deposit.
Omana Ashokan
State of Kerala
Corporation of Thrissur
Pius C. KuriaKose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
