Petitioner challenged unilateral enhancement of lease rent for prawn cultivation land. Court held petitioner lacked locus to challenge rate without prior request for reconsideration and dismissed writ.
Liberty to approach respondents for reconsideration of lease rate fixation reserved.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
FRIDAY, THE 17TH DAY OF FEBRUARY 2012/28TH MAGHA 1933
WP(C).No. 3103 of 2012 (K)
PETITIONER :
VINIL VARGHESE S/O.LATE K.M.VARGHESE, AGED 41 YEARS, MANAGING PARTNER, KARAKKAT AGRO FARMS, PATTUVAM.P.O, KANNUR DISTRICT.
BY ADVS.SRI.V.C.JAMES SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)
RESPONDENT(S):
1. THE PATTUVAM GRAMA PANCHAYATH COMMITTEE,
2. THE SECRETARY,
R1 & R2 BY ADV. SRI.P.NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 3103 of 2012 (K)
APPENDIX
PETITIONERS' EXHIBITS :
EXT-P1 TRUE COPY OF THE LEASE RENT RECEIPT ISSUED TO THE PETITIONER ON 4/8/2008 FOR RS.15,600/-
EXT-P2 TRUE COPY OF THE RENT RECEIPT ISSUED BY THE 2ND RESPONDENT ON 20-9-2010.
EXT-P3 TRUE COPY OF THE LEASE RENT RECEIPT DATED 20-9-2010 FOR RS.19500/-
EXT-P4 TRUE COPY OF THE COMMUNICATION NO.A1-3495/11 DTD.24/1/2012.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
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C.K. ABDUL REHIM, J.
W.P.(c) No. 3103 OF 2012
DATED THIS THE 17th DAY OF FEBRUARY, 2012
J U D G M E N T
Petitioner was granted with lease of puramboke land having an extend of 1.56 Acres owned by the 1st respodnent grama panchayat, for prawn cultivation, during the year 2008-2009, fixing the lease amount @ of Rs.100/- per cent. The lease was renewed for one more year by collecting enhanced amount at the rate of Rs.125/- per cent, for the year 2009-2010. Therefore the lease continued with respect to the year 2010-2011, at the same rate. The petitioner continued with the activity during the year 2011-2012 also. Now the petitioner was issued with Ext.P4 notice from the 1st respondent Panchayat, requesting payment of lease amount @ Rs.200/- per cent for 2011-2012 and requiring to execute agreement in stamp paper, after payment of total amount of lease along with interest @ 18% for the delayed period. The petitioner is challenging Ext.P4 on the ground
W.P.(c) No.3103/2012
-2-
that the unilateral enhancement in the rate is unreasonable
and arbitrary and that such a decision was taken without affording any opportunity to the petitioner.
W.P.(c) No.3103/2012 -3-
within a period of 1½ months. Without fixation of lease and without execution of any agreement the petitioner continued with the cultivation activities. However, if the petitioner has got any grievance with respect to fixation of the lease amount, it is open the petitioner to approach to the respondents through appropriate request for reconsideration of the rate. Without resorting to such a remedy, the petitioner cannot challenge the rate of lease fixed by the respondent, in this writ petition filed under Article 226.
liberty of the petitioner to approach the respondents seeking re-consideration of the decision pertaining to fixation of lease amount for the year 2011-2012, will stand reserved. If any such approach is made, the respondents will be free to take appropriate decision.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG
True copy
P.A to Judge
3 issues framed by the court
Whether the petitioner is entitled to challenge the unilateral enhancement of the lease rate without affording an opportunity.
Whether the petitioner has an alternate remedy to approach the respondents for reconsideration of the lease rate fixation.
Whether the lease renewal for the year 2011-2012 was validly extended under Article 226 challenge.
Vinil Varghese
Pattuvam Grama Panchayath Committee
The Secretary, Pattuvam Grama Panchayath
C.K. Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
