Writ petition filed claiming arrears of rent. Court found rent sanctioned but payment not made to petitioner, leading to disposal of petition noting payment was made. Claim for interest to be approached separately by petitioner against 2nd respondent.
Petition disposed of recording payment made; claim for interest to be approached against 2nd respondent.
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 SMT. JUSTICE P.V.ASHA
FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942
WP(C).No.14263 OF 2020(G)
PETITIONER:
P.MUTHU, AGED 80 YEARS, KULAVAN MUKKU, KUZHALMANNAM P.O., KUZHALMANNAM, PALAKKAD-678 702.
BY ADVS. SRI.S.EASWARAN SMT.K.V.RAJESWARI
RESPONDENTS:
PWD BUILDING SUB DIVISION, ALATHUR P.O., PALAKKAD-678 541.
BY ADV. SMT.PRINCY XAVIER ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petition was filed seeking the
following reliefs:
2. When the writ petition came up for consideration on 21.08.2020, the learned Government Pleader on instructions submitted that orders were passed on 18.08.2020 sanctioning rent payable to petitioner at the rate of Rs.7,730/- per month from 01.10.2016. Even though the petitioner was directed to approach the 6th respondent on 27.08.2020 and the petitioner reported before the 6th respondent three times, the payment was not made.
3. When the matter came up for consideration
on 16.09.2020, this Court again directed the
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respondent to see that the payment is made.
4. The learned counsel for the petitioner submitted that petitioner has received the amount on transfer of the same to his account. The learned counsel for the petitioner points out that petitioner, who is aged 80 years, was made to approach the respondent in this COVID-19 pandemic situation thrice and his claim for interest has to be allowed.
5. The learned Government Pleader seriously opposed the same.
Accordingly, the writ petition is disposed of recording that the payment is already made. Regarding the claim for interest, petitioner will be free to approach the 2nd respondent. In the event of such a representation, the 2nd respondent shall consider the same and pass orders as expeditiously
as possible.
Sd/P.V.ASHA JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE DATED 15.10.2003 AGRICULTURE OFFICER |
ORDER NO.TA(3)11284/2001 ISSUED BY PRINCIPAL PALAKKAD. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE 16.8.2003. |
RENT CERTIFICATE DATED |
| EXHIBIT P3 | TRUE COPY OF THE O DATED 1.1.2007 IS EXECUTIVE ENGINEER CHITTUR-PUDUNAGARAM |
RDER NO.D4-RENT/876/2006 SUED BY THE ASSISTANT PWD BUILDINGS SECTION . |
| EXHIBIT P4 | TRUE COPY OF THE 15.5.2008. |
RENT CERTIFICATE DATED |
| EXHIBIT P5 | TRUE COPY OF THE O 20.11.2008 ISSUED B |
RDER NO.31010/2008 DATED Y 2ND RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF G.O(R 13.6.2013 ISSUED BY |
T) NO.1032/2013/AD DATED THE 1ST RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE SUBMITTED BY THE MATTER OF FIXATION |
REPORT DATED 29.8.2017 4TH RESPONDENT IN THE RENT. |
| EXHIBIT P8 | TRUE COPY LETTER D THE 4TH RESPONDENT |
ATED 11.9.2017 ISSUED BY TO THE 6TH RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE 11.9.2017 ISSUED BY |
RENT CERTIFICATE DATED THE 4TH RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF THE SUBMITTED BY THE PE |
REPRESENTATION 26.7.2018 TITIONER. |
| EXHIBIT P11 | TRUE COPY OF THE ADDRESSED BY THE OFFICER TO THE 2ND |
LETTER DATED 19.9.2018 PRINCIPAL AGRICULTURE RESPONDENT. |
| EXHIBIT P12 | TRUE COPY OF THE ADDRESSED BY THE AGRICULTURE. |
LETTER DATED 21.11.2018 HON'BLE MINISTER FOR |
| EXHIBIT P13 | TRUE COPY OF THE LE DATED 2.2.2019 ISSU |
TTER NO.E 2/345/2018 PWD ED TO THE PETITIONER. |
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EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 25.5.2019 SUBMITTED BY THE PETITIONER. EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 9.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS DATED 20.2.2020 OF THE DISTRICT COLLECTOR PALAKKAD CALLING FOR REPORT ON THE PAYMENT OF ARREARS OF RENT TO THE PETITIONER.
3 issues framed by the court
Whether the claim for arrears of rent and interest is to be allowed.
Whether the petitioner's claim for interest considering the pandemic situation is valid.
Who is the appropriate respondent to approach for the claim of interest.
P. Muthu
State of Kerala, represented by Secretary to Agriculture Department
Director of Agriculture, Department of Agriculture and Farmers Welfare
Chief Engineer, Kerala Public Works Department
Assistant Executive Engineer
District Collector
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
