Petitioner, evicted for arrears, disputes rent quantum. Court directs remittance of Rs.1.50 lakhs to trigger Board's representation review and potential hearing.
Petitioner directed to remit Rs.1,50,000 towards arrears; if paid, Board must consider representation and determine actual 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 MR.JUSTICE V.G.ARUN
FRIDAY, THE 22ND DAY OF JULY 2022 / 31ST ASHADHA, 1944
WP(C) NO. 15051 OF 2022
PETITIONER:
M.K.MADHUSUDHANAN AGED 53 YEARS S/O. KARUNAKARA MENON, MADHAVAPALLIL HOUSE, NETTOOR P. O., ERNAKULAM - 682040. BY ADVS. K.S.BHARATHAN ALPHIN ANTONY AADITHYAN S.MANNALI VISAKH ANTONY CHRISTINE MATHEW C.J.LIZY
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.15051 OF 2022
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JUDGMENT
Dated this the 22nd day of July, 2022
The petitioner had been conducting a Law Book Stall in a building belonging to the Kerala State Housing Board. The rent of the shop room fell in arrears, resulting in the petitioner being evicted from the leased premises. The petitioner is disputing the quantum of rent claimed by the Housing Board.
WP(C) NO.15051 OF 2022
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The writ petition is hence disposed of, directing the petitioner to remit Rs.1,50,000/- towards arrears of rent within one month. If the amount is remitted, the respondent Board shall take up Ext.P4 representation, consider the petitioner’s contentions therein and if necessary, afford an opportunity of hearing to the petitioner. Appropriate orders on the representation shall be passed within one month of remittance of Rs.1,50,000/- (Rupees one lakh fifty thousand only).
Sd/-
V.G.ARUN
JUDGE
NB/22-7
WP(C) NO.15051 OF 2022
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APPENDIX OF WP(C) 15051/2022
PETITIONER’S EXHIBITS
| EXHIBIT P1 | TRUE DATED OFFIC |
COPY 05.1 E. |
OF LEASE 2.2017 OF |
DEED BEARING NO.4262/17 ERNAKULAM SUB REGISTRAR'S |
|---|---|---|---|---|
| EXHIBIT P2 | TRUE RESPO |
COPY NDENT |
OF EVICTION DATED 20.02 |
ORDER ISSUED BY THE 3RD .2021. |
| EXHIBIT P3 | TRUE WITH RESPO |
COPY REF. NDENT |
OF COMMUN NO.E1/RT(E . |
ICATION DATED 05.04.2022 )/B-12 ISSUED BY THE 2ND |
| EXHIBIT P4 | TRUE TO TH |
COPY E 2ND |
OF THE REPL RESPONDENT |
Y FILED BY THE PETITIONER DATED 26.04.2022. |
RESPONDENTS EXHIBITS:
| ANNEXURE R1 | TRUE COPY BY KERALA |
OF THE NOTICE STATE HOUSING |
DAT BOA |
ED 04.11.2019 RD |
ISSUED |
|---|---|---|---|---|---|
| ANNEXURE R2 | TRUE COPY 02.12.2019 BOARD |
OF THE NOT ISSUED BY T |
ICE HE |
FOR EVICTION KERALA STATE |
DATED HOUSING |
| ANNEXURE R3 | TRUE COPY BY KERALA |
OF THE NOTICE STATE HOUSING |
DAT BOA |
ED 21.12.2019 RD |
ISSUED |
| ANNEXURE R4 | TRUE COPY 07.01.2020 |
OF THE NOT ISSUED BY KER |
ICE ALA |
FOR EVICTION STATE HOUSING |
DATED BOARD |
| ANNEXURE R5 | TRUE COPY BY KERALA |
OF THE NOTICE STATE HOUSING |
DAT BOA |
ED 23.11.2020 RD |
ISSUED |
| ANNEXURE R6 | TRUE COPY 18.01.2021 |
OF THE NOT ISSUED BY KER |
ICE ALA |
FOR EVICTION STATE HOUSING |
DATED BOARD |
| ANNEXURE R7 | TRUE CO NO.E1/RT/( KERALA STA |
PY OF T E)/B12 DATED TE HOUSING BOA |
HE 20 RD |
EVICTION .02.2021 ISSU |
ORDER ED BY |
| ANNEXURE R8 | TRUE COPY BY KERALA |
OF THE NOTICE STATE HOUSING |
DAT BOA |
ED 11.01.2022 RD |
ISSUED |
| ANNEXURE R9 | TRUE COPY 27.01.2022 |
OF THE NOT ISSUED BY KER |
ICE ALA |
FOR EVICTION STATE HOUSING |
DATED BOARD |
TRUE COPY
P.A. TO JUDGE
2 issues framed by the court
Whether the Housing Board's rent claim anomaly warrants judicial intervention to ensure fair resolution.
Whether the petitioner's arrears can be compromised upon partial remittance to facilitate rent re-evaluation.
M.K.MADHUSUDHANAN
KERALA STATE HOUSING BOARD
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
