Landlord sought rent arrears for a collapsed leased building. Court directed Public Works Department to assess comparable rent for 1979. Second respondent ordered to fix rent and release dues.
Directed Fifth respondent to report to Second respondent within two months; Second respondent to fix rent within four months and release dues.
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937
WP(C).No. 8102 of 2015 (K)
PETITIONER :
JAYESH LILADHAR, S/O.DWARAKADAS LILLADHAR, SREE BHUVAN, WAGHJI'S ROAD, SEA-VIEW WARD, ALAPPUZHA -688 012.
BY ADV. SRI.R.AZAD BABU
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM- 695 033.
3. PRINCIPAL AGRICULTURAL OFFICER, CIVIL STATION, ALAPPUZHA -688 001.
4. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (BUILDINGS) PUBLIC OFFICE, MUSEUM P.O, THIRUVANANTHAPURAM- 695 033.
5. ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, (BUILDINGS SUB DIVISION), DISTRICT HOSPITAL COMPOUND, ALAPUZHA -688 001.
BY ADDL. ADVOCATE GENERAL SRI.K.A.JALEEL BY GOVERNMENT PLEADER SRI.T.P.SAJID
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 8102 of 2015 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
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A.MUHAMED MUSTAQUE, J.
***************************************************************************** W.P.(C) No.8102 of 2015
JUDGMENT
The petitioner is the landlord of a building bearing assessment No.XXI/338 of Alappuzha Municipality. The building was taken on lease by the Agricultural Department on 1.9.1979. This was vacated in June, 1998.
period of lease.
the rent was not paid for the reason that the rent was not fixed. It is further submitted that it is impossible to fix the rent as the building is collapsed and not in existence.
This Court is of the view, the second respondent shall obtain a report from the Public Works Department as to the rent payable for the similarly situated building in the year 1979 and fix the rent
based on the report of the Public Works Department. The fifth respondent is directed to make necessary report regarding this to
W.P.(C) No.8102 of 2015 2
the second respondent. The fifth respondent shall give necessary report to the second respondent within two months from the date of receipt of a copy of this judgment. The rent shall be fixed by the second respondent within four months from the date of receipt of a copy of this judgment. Thereafter, based on the report, appropriate decision shall be taken to release the rent to the petitioner without any delay. It shall be released atleast within two months after taking decision.
The writ petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE
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3 issues framed by the court
Whether the respondent should fix rent for a collapsed leased building based on a contemporaneity report.
Whether appropriate directions can be issued to fix rent and release dues to the landlord.
Whether the second respondent is empowered to ob serving a P.W.D report and fix rent within acceptable time limits.
JAYESH LILADHAR
STATE OF KERALA
DIRECTOR OF AGRICULTURE
PRINCIPAL AGRICULTURAL OFFICER
CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT
ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
