A mentally disabled petitioner seeking re-allotment of a bunk shop was granted the lease on standard terms except for the waiver of the security deposit, considering her caregiving role.
The bunk shop to be allotted to the petitioner without insisting on security deposit, subject to yearly rent payment and non-transferability.
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 K.VINOD CHANDRAN
MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937
WP(C).No. 6434 of 2015 (D)
PETITIONER:
PRASANNA PRATHAPAN, THAMARASSERY HOUSE, THANTHONNITHURUTHU, MULAVUKADU P.O, ERNAKULAM.
BY ADVS.SRI.SHABU SREEDHARAN
SRI.N.MUHAMMAD SAJU SRI.C.PAULOSE SRI.SREEDHARAN KARATTA SMT.RESHMA ABDUL RASHEED
RESPONDENT(S):
1. GREATER COCHIN DEVELOPMENT AUTHORITY, REPRRESENTED BY THE SECRETARY, KADAVANTHRA, ERNAKULAM - 682020.
2. THE COMMISSIONER OF POLICE, KOCHI CITY, REVENUE TOWER, KOCHI-682016.
R1 BY ADV. SRI.C.A.MAJEED, SC R2 BY GOVERNMENT PLEADER SRI.S.JAMAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 6434 of 2015 (D)
APPENDIX
PETITIONER(S)' EXHIBITS;
EXHIBIT P1: THE TRUE COPY OF THE DISABILITY CERTIFICATE DATED 28.11.2008.
EXHIBITP2: THE TRUE COPY OF THE INTIMATION LETTER DATED 30.4.2014. EXHIBIT P3: THE TRUE COPY OF THE REPRESENTATION DATED 14.7.2014.
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
mbr/
K. VINOD CHANDRAN, J
Dated this the 10th day of August, 2015
J U D G M E N T
The petitioner is the mother of a mentally retarded
child having 40% mental disability, as is indicated in Ext.P1 certificate. The petitioner had been carrying on a petty business in a bunk shop of the GCDA for the last 13 years. The GCDA however notified for reauction of bunk shops and though the petitioner appeared for the auction of the particular bunk she did not make any bid.
The bid was, however, not conferred on the successful bidder since the bidder did not comply with the other condition; being deposit of 12 months' rent as a security deposit.
had been carrying on the bunk for considerable number of years
and especially since the petitioner is a person who is looking after a
WPC.No.6434/2015
: 2 :
mentally retarded child, this Court is of the opinion that the bunk
can be offered to the petitioner on the very same condition, but however, not insisting for the security deposit. The petitioner shall
comply with all other conditions including execution of agreement and the payment of monthly rent as indicated above. It is made clear that the petitioner shall not alienate or transfer the bunk in
any manner and if such a transfer is made, then the allotment shall be liable to cancellation forthwith by the GCDA. The petitioner shall also make an advance rent of Rs.18,500/- and shall continue paying the rent on every month in advance. It is made clear that the present order is only in the circumstance of the petitioner being the carer of a mentally retarded person.
Writ petition is disposed of.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma
//true copy//
P.A to Judge
2 issues framed by the court
Whether a mentally disabled caretaker should be granted a lease of a bunk shop without the security deposit requirement.
Whether the petitioner can be allotted the bunk shop on the same conditions as successful bidders but with a waiver of the security deposit.
Prasanna Prathapan
Greater Cochin Development Authority
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
