Disposed

P.S. Shameer, v. State of Kerala

Kerala HC16 Jul 2019WP(C)/4473/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking stay of eviction proceedings. It directed the respondents to finalize the show-cause notice proceedings within a month, provided the petitioner pays the entire rent arrears within two weeks from the date of judgment. The interim stay remains in force during this period.

What did the court decide?

The respondents were directed to finalize the proceedings pertaining to the show-cause notice within a month. The petitioner was directed to pay entire arrears within two weeks to maintain interim sta

P.S. Shameer, Vs State of Kerala — Landlord and Tenant | Kerala HC (2019)

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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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TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941

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WP(C).No.4473 of 2019

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PETITIONER/S:

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P.S. SHAMEER, AGED 27 YEARS SHAMEER, S/O SALIM, DOOR NO.13/230, C-1, ACT COLONY, KOCHANGADY, MATTANCHERY, KOCHI-682002.

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BY ADVS. SRI.ANEESH JAMES SMT.M.D.BEENA SRI.JIJO THOMAS

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 KERALA STATE WATER TRANSPORT DEPARTMENT, REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA-688011.

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3 THE ESTATE OFFICER AND SENIOR SUPERINTENDENT, KERALA STATE WATER TRANSPORT DEPARTMENT, REGIONAL OFFICE, ERNAKULAM-682011.

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SMT. RASHMI.K.M, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4473 of 2019 2

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JUDGMENT

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This writ petition is filed by the petitioner

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seeking the following reliefs:-

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a) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3^rd respondent not to evict the petitioner from the building covered by Exhibit P1 on the basis of Exhibit P6.

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b) Call for the records leading to Exhibit P6 and quash the same by issue of a writ of certiorari or any other appropriate writ, order or direction.

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Petitioner was allotted on lease a

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building bearing no.6/106 of Cochin Corporation situated near the Mattanchery boat jetty by the 2^nd respondent as evident from Ext.P2 order and

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Ext.P1 lease agreement. On obtaining possession of the tenanted premises, the petitioner realised that, contrary to what was represented by the 2^nd respondent, the building was in a totally run down and dilapidated condition and was totally unfit for occupation. It is also pointed out that, electricity connection was not available for non payment of dues by the previous occupier.

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WP(C).No.4473 of 2019 3

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The sum and substance of the contention put forth is that, petitioner had to spend huge amounts for repairing the damages and to rectify the other defects. However, now petitioner is served with notices under the provisions of the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968. Apparently for the initial notice, petitioner has submitted objection. However being dissatisfied, Ext.P6 notice is issued to the petitioner, directing the petitioner to show cause as to why action shall not be taken against the petitioner within 15 days, the said notice is dated 26.02.2018. Evidently petitioner has submitted Ext.P7 explanation, which was pending consideration. However apprehending coercive action, this writ petition is filed.

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A detailed counter affidavit is filed by the 2^nd respondent refuting the allegations,

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claims and demands raised by the petitioner.

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Anyway, I am of the considered opinion that

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Ext.P6 is only a notice issued to the petitioner

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WP(C).No.4473 of 2019 4

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asking to show cause why action shall not be taken against the petitioner, to which petitioner has submitted Ext.P7 reply, the proceedings is to be finalised as per the provisions of the Act.

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Therefore, it is only appropriate that the writ petition is disposed of with appropriate

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directions. Accordingly, this writ petition is disposed of, directing the 2^nd respondent to

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finalise the proceedings pertaining to Ext.P6 notice, taking into account Ext.P7 objection submitted by the petitioner, at the earliest and at any rate, within a month from the date of

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receipt of a copy of this judgment, till such time, the interim order granted by this Court will be in force, on condition that the entire arrears due to the 2^nd respondent is paid by the petitioner within two weeks from today.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No.4473 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF	THE LEASE AGREEMENT DATED
	6.7.2009 EXECUT AND THE 2ND RES	ED BETWEEN THE PETITIONER PONDENT
EXHIBIT P2	A TRUE COPY OF OF THE DIRECTOR DEPARTMENT	THE ORDER DATED 7.9.2009 , STATE WATER TRANSPORT
EXHIBIT P3	A TRUE COPY OF O.S.292/2011 ON MUNSIFF'S COURT	THE PLAINT IN THE FILES OF THE , KOCHI
EXHIBIT P4	A TRUE COPY OF 19.1.2018 ISSUE	THE NOTICE DATED D BY THE 3RD RESPONDENT
EXHIBIT P5	A TRUE COPY OF DATED 3.2.2018 PETITIONER	THE DETAILED OBJECTION SUBMITTED BY THE
EXHIBIT P6	A TRUE COPY OF 26.2.2018 ISSUE	THE NOTICE DATED D BY THE 3RD RESPONDENT
EXHIBIT P7	A TRUE COPY OF DATED 12.3.2018 PETITIONER	THE DETAILED EXPLANATION SUBMITTED BY THE
EXHIBIT P8 A	A TRUE COPY OF 18/03/2019 FOR THE AXIS BANK L	THE DEMAND DRAFT DATED RS.4,11,100/- DRAWN ON TD., EDAPPALLY.
EXHIBIT P8 B	A TRUE COPY OF 16/04/2019 FOR THE AXIS BANK L	THE DEMAND DRAFT DATED RS.4,11,100/- DRAWN ON TD., EDAPPALLY.
EXHIBIT P8 C	A TRUE COPY OF 21/05/2019 FOR THE AXIS BANK L	THE DEMAND DRAFT DATED RS.4,11,100/- DRAWN ON TD., EDAPPALLY.
EXHIBIT P9 A	A TRUE COPY OF 08/04/2019 FOR REMITTANCE OF M	THE DEMAND DRAFT DATED RS.27,720/- TOWARDS THE ONTHLY RENT.
EXHIBIT P9 B	A TRUE COPY OF 10/05/2019 FOR REMITTANCE OF M	THE DEMAND DRAFT DATED RS.27,720/- TOWARDS THE ONTHLY RENT.

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WP(C).No.4473 of 2019 6

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EXHIBIT P9 C A TRUE COPY OF THE DEMAND DRAFT DATED 10/06/2019 FOR RS.27,720/- TOWARDS THE REMITTANCE OF MONTHLY RENT.

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RESPONDENT'S/S EXHIBITS: NIL

P.S. Shameer, v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.S. Shameer, v. State of Kerala

Case brief

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