Disposed

James Joseph, v. the State of Kerala

Kerala HC8 Dec 2023WP(C)/19986/2022

Case brief

AI extract

What is this about?

This writ petition challenges an eviction order. The court stayed eviction proceedings conditional on the petitioner paying outstanding arrears of rent in installments and current rent up-to-date, allowing a lease renewal application only after full payment.

What did the court decide?

Rent arrear of Rs.7,08,349/- paid in three installments; current rent paid promptly; eviction withdrawn contingent on compliance; right to apply for fresh lease after payment.

James Joseph, Vs the State of Kerala — Landlord and Tenant | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945

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WP(C) NO. 19986 OF 2022

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PETITIONER:

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JAMES JOSEPH, AGED 64 YEARS, S/O. JOSEPH,
KALAVADAKKAN HOUSE, MALAKUNNAM P.O,
KURICHY, CHANGANACHERRY.

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BY ADVS.
C.S.MANILAL
S.NIDHEESH

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE AND HOUSING DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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2 THE KERALA STATE HOUSING BOARD, REPRESENTED BY THE SECRETARY, KSHB BUILDING, SANTHI NAGAR, TRIVANDRUM, PIN 695 001.

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3 THE KERALA STATE HOUSING BOARD, KOTTAYAM DIVISION, REPRESENTED BY THE EXECUTIVE ENGINEER, MUTTAMBALAM P.O, KANJIKUZHY 686 002.

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4 THE ASSISTANT SECRETARY, KERALA STATE HOUSING BOARD, KOTTAYAM DIVISION, KOTTAYAM 686 004.

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BY ADV V.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 19986/22

JUDGMENT

The petitioner challenges Ext.P11 order of eviction on various grounds.

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2 . Sri.Harish Vasudevan – learned Standing Counsel for the

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respondent – Kerala State Housing Board, in response, submitted that the amounts due from the petitioner, as on 30.11.2023, is Rs.7,08,349/-. He submitted that, therefore, if the petitioner is willing to pay off the afore amount, along with the monthly rent for December 2023; and makes an application for execution of a fresh lease Agreement, it will be considered by his client in his favour, subject to other requirements in law being satisfied.

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3 . Sri.C.S.Manilal – learned counsel for the petitioner ,

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acceded to the afore suggestions of the learned Standing Counsel; however, praying that his client be given three months’ time to pay off the afore amounts.

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Taking note of the afore submissions, I dispose of this Writ Petition in the following manner:

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a ) The petitioner is directed to pay off the arrears of rent –

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WPC 19986/22

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which is stated to be Rs.7,08,349/-, as on 30.11.2023 – to the 2 nd

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respondent, in three equal monthly installments, commencing from 15.01.2024.

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b ) The petitioner will, however, pay the regular monthly rent due for December 2023, as per the earlier Agreement, not later than the end of that month and for the subsequent months, until the

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afore amount is paid off, by the end of such months.

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c ) On the afore payment being completed, and not later

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than a period of one week thereafter, the petitioner will be at liberty to make a representation before the competent Authority of the 2 nd respondent, for execution of a fresh Agreement as per the applicable contractual terms; and the same shall be considered in his

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favour, adverting to Ext.P1 earlier lease deed and the agreed terms under it, qua enhancement of rent, if there are no legal impediments standing in the way, without any avoidable delay thereafter.

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d ) Needless to say, on the fresh Agreement being so executed, the petitioner will continue to remit rent under it without fail, from April 2024 onwards.

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WPC 19986/22

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e ) However, in the event the petitioner does not comply

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with any of the afore directions, the benefit of this judgment will be

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lost to him and all further action pursuant to Ext.P11 can be

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enforced against him by the 2 nd respondent.

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f ) As a corollary, it is also made clear that if the petitioner

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abides by the afore direction, further action pursuant to Ext.P11 will

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stand withdrawn.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

WPC 19986/22

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE LEASE AGREEMENT DATED
21.06.2005.
Exhibit P2TRUE COPY OF THE PETITION FILED BY THE
PETITIONER DATED 9.2.2021.
Exhibit P3TRUE COPY OF THE LETTER FROM THE 3RD
RESPONDENT DATED 12.02.2021.
Exhibit P4TRUE COPY OF THE REQUEST OF THE PETITIONER
DATED 26.1.2022
Exhibit P5TRUE COPY OF THE RECEIPT DATED 28.1.2022.
Exhibit P6TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER DATED 8.2.2022.
Exhibit P7TRUE COPY OF THE REQUEST OF THE PETITIONER
DATED 30.04.2022.
Exhibit P8TRUE COPY OF THE LETTER ISSUED TO THE 2ND
RESPONDENT 10.02.2022.
Exhibit P9TRUE COPY OF THE REQUEST OF THE PETITIONER
DATED 4.5.2022.
Exhibit P10TRUE COPY OF THE NOTICE OF DEMAND DATED
1.6.2022.
Exhibit P11TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 1.6.2022.
RESPONDENT EXHIBITS
Exhibit R2((a)A TRUE PHOTOCOPY OF THE NOTICE
NO.E1/RTC/52-57/FF DATED 18/8/2009 ISSUED
BY THE EXECUTIVE ENGINEER, KSHB
Exhibit R2(b)A TRUE PHOTOCOPY OF THE NOTICE DATED
5/10/2012 FROM THE ACCOUNTS OFFICER, KSHB
TO THE PETITIONER
Exhibit R2(c)A TRUE PHOTOCOPY OF THE NOTICE
E1/RTC/GENERAL DATED 5/1/2014 ISSUED TO
THE PETITIONER
Exhibit R(d)A TRUE PHOTOCOPY OF THE NOTICE NO.NO.FF-
52-57 DATED 18/4/2016 ISSUED TO THE
PETITIONER
Exhibit R2(e)A TRUE PHOTOCOPY OF THE GO(RT)
NO.36/2020/HSG DATED 22/9/2020 ISSUED BY
THE STATE OF KERALA
Exhibit R2(f)A TRUE PHOTOCOPY OF THE
GO(RT).NO.35/2002/HSG DATED 7/4/2022
ISSUED BY THE STATE OF KERALA

James Joseph, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

James Joseph, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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