Single judge ordered Chief Engineer KSEB to process petitioner's lease representation within one month and determine fair rent, directing the authority to hear petitioner and consider her need for own occupation before passing orders.
Direction to 1st respondent to process petitioners representation Ext.P3 and pass order on fair rent within one month.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY,THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
WP(C).No. 2797 of 2019
PETITIONER/S:
AYSHA T.K AGED 36 YEARS W/O R.A.ABDUL SATHAR, 14 A ABAD CHANCELLOR, NEAR BHARATH MATHA COLLEGE, THRIKKAKARA, KAKKANAD-682 021.
BY ADVS. SRI.NIRMAL. S SMT.AISHWARYA S.R. SMT.VEENA HARI
RESPONDENT/S:
1 CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL DIVISION, ERNAKULAM-682 018.
2 THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD (KSEB), POWER HOUSE ROAD, ERNAKULAM-682 018.
SC SUDHEER GANESH KUMAR KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2797 of 2019 2
JUDGMENT
This writ petition is filed seeking directions to the respondents
to vacate the building and premises occupied by them and to handover vacant possession to the petitioner.
I am of the opinion that the question with regard to vacation of the premises and payment of fair rent is liable to be considered by the
WP(C).No. 2797 of 2019 3
1st respondent at the earliest.
There will, accordingly be, a direction to the 1st respondent to take up Ext.P3 request of the petitioner and any further request she may make with regard to the payment of fair rent and to pass appropriate orders on the same within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall also be heard before orders are passed as directed above. The request of the petitioner that she requires the building for her own occupation will be considered by the 1st respondent while passing orders as directed above.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Ac
WP(C).No. 2797 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 15.11.1997. EXHIBIT P1 A TRUE COPY OF THE COVERING LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S GRANDFATHER DATED 26.11.1997.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 12.9.15 SUBMITTED BY THE PETITIONER TO THE EXECUTIVE ENGINEER, KSEB, ERNAKULAM. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 26.11.2018 SUBMITTED BY THE PETITIONER TO THE CHIEF ENGINEER, KSEB, ERNAKULAM. EXHIBIT P4 TRUE COPY OF THE LETTER NO.EDE/GB1/RENT/18-19/1284 DATED 6.12.2018 OF THE EXECUTIVE ENGINEER, KSEB, ERNAKULAM.
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY// Sd/PA TO JUDGE
3 issues framed by the court
Whether the petitioner is entitled to direction for vacation of premises and handover of possession.
Whether the respondents are directed to process the representation regarding fixed rent and propose fair rent.
Whether the petitioner should be directed to vacate the premises at once or later.
Aysha T.K
Chief Engineer, Kerala State Electricity Board Limited
The Executive Engineer, Kerala State Electricity Board
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
