Disposed

The Regional Fruits and Vegetable Producers Co-Operative Marketing Society Ltd. NO.C-816 v. the Tahsildar

Kerala HC12 Jan 2018WP(C)/4478/2016

Case brief

AI extract

What is this about?

Petitioner, a co-operative society with a valid lease, challenged an order demanding unpaid rent. The court treated the order as a show-cause notice and directed the petitioner to file objections within three weeks, while keeping an interim order in force.

What did the court decide?

Petitioner directed to file objections to the impugned order within three weeks; interim order in force.

The Regional Fruits and Vegetable Producers Co-Operative… — Landlord and Tenant | Kerala HC (2018)

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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 SHAJI P.CHALY

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FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939

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WP(C).No. 4478 of 2016

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----------------------

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PETITIONER

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THE REGIONAL FRUITS AND VEGETABLE PRODUCERS CO-OPERATIVE MARKETING SOCIETY LTD. NO.C-816, TALIPARAMA, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY.

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BY ADVS.SRI.M.SASINDRAN

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SRI.V.VENUGOPAL

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RESPONDENT(S):

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1. THE TAHSILDAR, TALUK OFFICE, TALIPARAMBA,

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KANNUR DISTRICT 670 001.

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2. THE ACCOUNTANT GENERAL,

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THIRUVANANTHAPURAM 695 001.

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3. THE DISTRICT COLLECTOR, KANNUR 670 001.

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4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,

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DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM 695 001.

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BY GOVERNMENT PLEADER SMT VINITHA.B

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 4478 of 2016 (H)

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PETITIONER(S)' EXHIBITS

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P1: A TRUE COPY OF THE ORDER IN G.O.(RT) NO.728/79/FD DATED 28/4/1979

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P2: TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF LEASE RENT FOR THE YEAR 2013-2014.

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P2(A):TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF LEASE RENT FOR THE YEAR 2014-2015.

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P2(B):TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF LEASE RENT FOR THE YEAR 2015-2016

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P3: A TRUE COPY OF THE NOTICE DATED 19/1/2006 VIDE NO.RF.B4-25950/15

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P3(A):TRUE ENGLISH TRANSLATION OF EXHIBIT P3.

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RESPONDENTS EXHIBITS: NIL

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K.V. P.S.TO JUDGE

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SHAJI P. CHALY, J.

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W.P.(C) No.4478 of 2016

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----------------------------------------------Dated this the 12^th day of January, 2018

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J U D G M E N T

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Petitioner is a co-operative society engaged in the business of selling fruits and vegetables to the consumers. An extent of 3 cents was let out to the petitioner society by the Government as per Ext.P1 order in the year 1979. According to the petitioner, lease period was extended from time to time and the lease is subsisting between the petitioner society and the respondents. It is also stated that, as evident from Exts.P2 to P2(b), petitioner has been paying the lease rent for the period upto 2015-2016. However, all on a sudden Ext.P3 order is issued dated 19.1.2016 by the 1^st respondent directing the petitioner to pay an amount of Rs.6,78,745/- stating that, the lease period is not extended and the lease rent is in arrears. It is thus challenging Ext.P3, this writ petition is filed.

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W.P.(C) No. 4478 of 2016

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Heard learned counsel for petitioner, learned Government Pleader and perused the pleadings and documents on record.

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It is not discernible from Ext.P3, the circumstances under which the petitioner is directed to pay the amount of Rs.6,78,745/- within 10 days. According to the petitioner, evident from Exts.P2(a) and P2(b), petitioner has paid the lease rent upto 2015-2016. In that view of the matter, if there is a lease rent enhancement, definitely respondent ought to have issued a notice to the petitioner inviting objection and then only he should have been ventured to pass an order like Ext.P3.

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Therefore, I treat Ext.P3 as show cause notice issued to the petitioner and petitioner is directed to file suitable objection to Ext.P3 within three weeks from the date of receipt of copy of this judgment, which shall be considered by the 1^st respondent in accordance with law, after

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W.P.(C) No. 4478 of 2016

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providing notice of hearing to the petitioner and attain finality within three months thereafter. Till such time, the interim order granted by this court on 5.2.2016, which was extended by two weeks on 15.3.2016 and revived and extended on 12.1.2018, will be in force.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 12.1.2018

The Regional Fruits and Vegetable Producers Co-Operative Marketing Society Ltd. NO.C-816 v. the Tahsildar

Case brief

What is this about?

What did the court decide?

The Regional Fruits and Vegetable Producers Co-Operative Marketing Society Ltd. NO.C-816 v. the Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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