Disposed

Rasheeda Ali v. Pathanapuram Grama Panchayath

Kerala HC15 Nov 2022WP(C)/23006/2022

Case brief

AI extract

What is this about?

This writ petition disposed of directing the petitioner to pay balance rent arrears in five equal monthly instalments. The relaxation of 75,645/- granted by the respondent exempts the petitioner from immediate lump sum payment but leaves liability for the balance. Failure to pay allows continuation of Revenue Recovery proceedings.

What did the court decide?

Payment of balance amount due under Revenue Recovery proceedings in five equal monthly instalments; first instalment due by 01.12.2022.

Rasheeda Ali Vs Pathanapuram Grama Panchayath — Property and Title | Kerala HC (2022)

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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 N.NAGARESH

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TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944
WP(C) NO. 23006 OF 2022

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PETITIONER

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RASHEEDA ALI
AGED 61 YEARS
RESIDING AT THUNDUPURAYIDOM, KUNDAYAM P O, PATHANAPURAM,
KOLLAM-689695.

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BY ADVS.
R.N.SANDEEP
KEERTHI VIJAYAN

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RESPONDENT:

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PATHANAPURAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
PATHANAPURAM PANCHAYATH OFFICE, PATHANAPURAM,
KOLLAM-689695.

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SRI.V.PHILIP MATHEW (SC)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.23006 OF 2022
 2

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JUDGMENT

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Dated this the 15^th day of November, 2022

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The petitioner had taken a Shoproom in Kallumkadavu Shopping Complex owned by the respondent on rent, for the year 2020-2021.

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The petitioner states that due to Covid-19 pandemic, the rent fell into arrears. The respondent initiated Revenue Recovery proceedings. When notice of Revenue Recovery was received, the petitioner submitted Ext.P1 representation before the respondent seeking to grant exemption from payment of rent relating to the Covid-19 pandemic period and seeking to pay the balance amount due under the Revenue Recovery in instalments.

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When the writ petition came up for hearing today, the Standing Counsel representing the respondent submitted

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that information has been received as per letter No.C3/3136/2022 dated 01.08.2022 of the Secretary to the

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WP(C) NO.23006 OF 2022

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Grama Panchayat stating that the respondent has considered

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the request of the petitioner and a relaxation has been granted to the tune of `75,645/-. The petitioner is liable to pay the balance amount in lump, stated the Standing Counsel.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondent.

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As the amount due is towards arrears of rent and in view of the difficulties pointed out by the petitioner, this Court is of the view that the petitioner can be granted instalment facility for paying the balance amount payable under the Revenue Recovery proceedings.

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In the circumstances, the writ petition is disposed of directing the petitioner to pay the balance amount due under the Revenue Recovery proceedings in five Equal Monthly Instalments. The first of such instalments shall be paid on or before 01.12.2022 and the remaining instalments shall be paid in the four consecutive ensuing months. If the petitioner makes

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WP(C) NO.23006 OF 2022

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default in payment of any of the instalments as directed

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above, the respondent will be at liberty to pursue the Revenue Recovery proceedings. If the petitioner makes the payment as directed above, the Revenue Recovery proceedings shall stand deferred.

N.NAGARESH

JUDGE

hmh

WP(C) NO.23006 OF 2022

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APPENDIX OF WP(C) 23006/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE REPRESENTATION DATED
18/04/2022 SUBMITTED BY THE PETITIONER.
Exhibit P2TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT.

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RESPONDENT’S EXHIBITS NIL

Rasheeda Ali v. Pathanapuram Grama Panchayath

Case brief

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Rasheeda Ali v. Pathanapuram Grama Panchayath

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