Petitioner challenged non-enhancement of government rent. Court directed First Respondent to consider Ext.P4 representation and pass orders within three months.
Directed First Respondent to consider Ext.P4 representation and pass orders within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942 WP(C).No.18635 OF 2020(D)
PETITIONER:
MOHAMMED BASHEER.A., AGED 58 YEARS, MANAGING PARTNER, DREAM MALL, EAST ROAD, KOYILANDY-673 305, KOZHIKODE DISTRICT.
BY ADVS. SRI.P.K.VIJAYAMOHANAN SMT. AISWARYA V.S.
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001.
2 THE CONTROLLER OF LEGAL METROLOGY, LEGAL METROLOGY BHAVAN, VRINDAVAN GARDENS, PATTOM, THIRUVANANTHAPURAM-695 004.
BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner submits that his building has been taken on rent for the 3rd respondent's office with effect from 01.08.2014. Petitioner
submits that the rent has not been enhanced though appendix 2809.5 of the PWD manual provides for enhancement of rent at regular intervals.
2. Petitioner has therefore submitted Ext.P4 representation before the 1st respondent requesting for according sanction for
enhancement of rent.
3. Heard the learned counsel for the petitioner as well as the learned Government Pleader.
Since a decision is to be taken by the Government, the writ petition is disposed of directing the 1st respondent to consider and
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pass orders on Ext.P4 representation, within a period of three months from the date of receipt
of a copy of the judgment.
Sd/-
P.V.ASHA JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.A4-3784/14 DATED 25.07.2014 OF THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.A-480/14 DATED 30.07.2014 OF THE ASSISTANT CONTROLLER LEGAL METROLOGY, KOZHIKODE TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RENT CERTIFICATE NO.D2/5/ 15-16 DATED 11.09.2015 ISSUED BY THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, KOZHIKODE.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 25.06.2020 OF THE PETITIONER BEFORE THE 1ST RESPONDENT THROUGH THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 29.06.2020 OF EXHIBIT P4 BY THE RESPONDENTS 1 AND 2.
MOHAMMED BASHEER.A.
THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
THE CONTROLLER OF LEGAL METROLOGY
THE INSPECTOR OF LEGAL METROLOGY
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
