Writ petition for mandamus to direct respondents to pay rental arrears accrued since 2018 for premises used by Village Office. Court directed payment within three months with 9% annual interest on delay.
Arrears to be paid within three months; 9% per annum interest if not paid.
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 P.V.KUNHIKRISHNAN
WEDNESDAY, THE 14TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945
WP(C) NO. 14346 OF 2023
PETITIONER/S:
DR. N.C CHERIYAN
AGED 62 YEARS
S/O CHERIYAN, NAMBUDAKATH, KODENCHERY P.O,
THAMARASSERY TALUK, KOZHIKODE DISTRICT ., PIN -
673580
BY ADV SUNNY MATHEW
RESPONDENT/S:
1 THE VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICER, KODENCHERY, KOZHIKDOE., PIN - 6735802 THE THAHSILDAR THAMARASSERY TALUK OFFICE, KOZHIKODE., PIN - 6735733 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE , KOZHIKODE, PIN - 6730204 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, TRIVANDRUM-, PIN - 695001OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 14346 of 2023
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 14346 of 2023
Dated this the 14th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers:
“i) To issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 3 and 4 to pay the rental arrears to the petitioners from 01.11.2018 onwards with interest till 30.04.2023.
ii) Any other reliefs which may be prayed for from time to time.” (sic)
was Rs.6,000/- per month. The grievance of the petitioner is that the arrears of rent is not paid even though the building was vacated subsequently.
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W.P.(C). No. 14346 of 2023
Pleader.
raised in this writ petition. The Government Pleader submitted that some time is necessary to process the application. I failed to understand why the rent arrears is not paid to the petitioner, who is the landlord of the premises, where the Village Office functioned. Admittedly, the Village Office was functioned in the building owned by the petitioner from 01.11.2018 onwards till it is vacated. Even now, the respondents are delaying payment of admitted rent on technical reasons. I am of the considered opinion that the arrears of rent shall be disbursed within three months, and if the amount is not paid within three months, the same will carry interest at the rate of 9% per annum.
Therefore, this writ petition is disposed of in the following manner:
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W.P.(C). No. 14346 of 2023
rate, within three months from today.
arrears will carry interest at the rate of 9% per annum.
sd/-
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 14346 of 2023
APPENDIX OF WP(C) 14346/2023
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE PROCEEDINGS OF 2ND
RESPONDENT DATED 01.11.2018
Exhibit P2A TRUE COPY OF THE OFFER LETTER GIVEN
BY THE PETITIONER TO THE 2ND RESPONDENT
Exhibit P3A TRUE COPY OF THE REPRESENTATION DATED
22.02.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Dr. N.C Cheriyan
The Village Officer Office of the Village Officer, Kodenchery
The Tahsildar Thamarassery Taluk Office
The District Collector
State of Kerala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court