Disposed

M.P.Saraswathy v. Greater Cochin Development Authority

Kerala HC25 Oct 2013WP(C)/11531/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition where the petitioner, a former manager, sought exemption from personal liability for corporate rent arrears. The court directed the District Collector to consider a pending representation and stayed coercive recovery steps.

What did the court decide?

Directied the District Collector to consider the pending representation; coercive recovery steps against the petitioner were put on hold till such orders.

M.P.Saraswathy Vs Greater Cochin Development Authority — Landlord and Tenant | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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FRIDAY, THE 25TH DAY OF OCTOBER 2013/3RD KARTHIKA, 1935

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WP(C).No. 11531 of 2012 (N)

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PETITIONER(S):

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M.P.SARASWATHY, AGED 60 YEARS D/O. SIVARAMAN NAIR, SAROVARAM, PONNONAM COLONY 3/663, TRIKKAKKARA, COCHIN-682021.

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BY ADVS.SRI.M.R.SUDHEENDRAN SRI.P.RADHAKRISHNAN NAIR

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RESPONDENT(S):

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GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, GCDA OFFICE KADAVANTHARA, COCHIN-20.

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THE DISTRICT COLLECTOR ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR, KAKKANADU ERNAKULAM.

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THE DEPUTY TAHSILDAR (REVENUE RECOVERY) COCHIN-1.

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M/S. PREMIER PLANTATIONS LIMITED REPRESENTED BY ITS MANAGING DIRECTOR T.P.MURALEEDHARAN, NO. 38, IVTH FLOOR GCDA SHOPPING COMPLEX, MARINE DRIVE, COCHIN-18.

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R1 BY ADV. SRI.M.K.THANKAPPAN, SC, GCDA

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R1 BY ADV. SRI.C.A.MAJEED, GREATER COCHIN DEVELOPMENT AUTHORITY

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R BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN W.P.(C) NO.11531 OF 2012

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PETITIONER(S) EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE LEASE DEED DATED 04-12-1992 EXECUTED BETWEEN THE FIRST RESPONDENT AND 4TH RESPONDENT.

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EXHIBIT P2: TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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EXHIBIT P3: TRUE COPY OF THE STATEMENT OF ACCOUNTS FURNISHED BY THE FIRST RESPONDENT.

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EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 20-03-2012 SUBMITTED BY THE PETITIONER.

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EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 17-05-2012 SUBMITTED BY THE PETITIONER.

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RESPONDENTS' EXHIBITS : NIL.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J.

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W.P (C) No.11531 of 2012 ------------------------------- Dated this the 25^th day of October, 2013

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J U D G M E N T

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The petitioner asserts that she had executed Ext.P1 lease deed only in a representative capacity as the Manager of the fourth respondent Company. It is the case of the petitioner that she is not liable personally for the rent arrears kept by the fourth respondent Company to the first respondent Greater Cochin Development Authority.

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The petitioner has in this regard submitted Ext.P4 representation which is pending consideration with the second respondent District Collector. I direct the second respondent to consider Ext.P4 representation with notice to the petitioner, first respondent as well as the fourth respondent.

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Every endeavour shall be made to serve notice on the Managing Director of the Company who is presently stated to be residing at Vyttilla, Kochi. Orders shall be passed in this regard within a period of two months from the date of receipt of a copy of this judgment.

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W.P. (C) No.11531 of 2012

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The coercive steps as against the petitioner

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evidenced by Ext.P2 notice shall be put on hold till orders are passed by the second respondent.

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The petitioner shall produce a copy of the writ petition with the judgment before the second respondent for compliance.

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The Writ Petition is disposed of.

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V.CHITAMBARESH, Judge.

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nj.

M.P.Saraswathy v. Greater Cochin Development Authority

Case brief

What is this about?

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M.P.Saraswathy v. Greater Cochin Development Authority

Case brief

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