Single judge order in WP(C) No.24878 of 2021 challenging revenue recovery notices for alleged rent arrears. Court set aside notices and directed the Municipality to decide on a pending representation within two months.
Revenue recovery notices set aside; direction to respondents to consider pending representation within two months.
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.
WP(C) No. 24878 of 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944
WP(C) NO. 24878 OF 2021
PETITIONERS:
1 GOPALAKRISHNAN V.P., AGED 46 YEARS, S/O.PARAMESWARAM.V.T., VATTEKKATTIL VALAPPIL HOUSE, PERINGANDOOR P.O., THRISSUR-680 581.2 RAMCHANDRAN.K.V., AGED 48 YEARS, S/O.VELAYUDHAN.K.K., KODAPPANI VEETIL, PERINGANDOOR P.O., THRISSUR-680 581.BY ADVS.
THIYYANNOOR RAMAKRISHNAN
ARUN KUMAR.P
AMBIKA RADHAKRISHNAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR, THRISSUR COLLECTORATE, AYYANTHOLE P.O., THRISSUR-680 003.2 DEPUTY TAHSILDAR, TALAPPILLY TALUK, TALAPPILLY TALUK OFFICE, WADAKKANCHERY, THRISSUR DISTRICT-680 623.3 VILLAGE OFFICER, PERINGANDOOR VILLAGE OFFICE, THRISSUR-680 581.4 WADAKKANCHERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, WADAKKANCHERY P.O., THRISUSR-680 623.5 SECRETARY, WADAKKANCHERY MUNICIPALITY, WADAKKANCHERY P.O., THRISUSR-680 623.6 CHAIRMAN, WADAKKANCHERY MUNICIPALITY, WADAKKANCHERY P.O., THRISUSR-680 623.BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.P.P.THAJUDEEN, SC, WADAKANCHERY MUNICIPALITY
GP – SRI. RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No. 24878 of 2021 2
VIJU ABRAHAM , J. =========================== WP(C) No. 24878 of 2021
============================ Dated this the 17th day of February, 2023
J U D G M E N T
Petitioners have approached this Court challenging Ext P7 and P8 revenue recovery notices. Ext P7 and Ext P8 are the revenue recovery notices issued to the 1st petitioner and 2nd petitioner respectively. In the year 2014 petitioners took on lease two shoprooms through auction, in the 1st floor of the Shopping Complex at Athani belonging to then Mundathikode Grama Panchayath. The petitioners have deposited Rs. 50,000/- towards the advance amount and they have also paid rent for the leased shop rooms upto March 2015 as is evident from Ext P5 receipt. Due to defect in the construction of building there occured seepage of water into the shop rooms. Thereupon petitioners submitted Ext P6 representation before the 5th respondent seeking to rectify the defects. As no action was taken on Ext P6, the petitioners were forced to vacate their shop rooms on the very next month i.e. on September 2016.
WP(C) No. 24878 of 2021 3
arrears of rent due as on 01.04.2016. Those revenue recovery notices produced as Ext P7 and Ext P8 are challenged in this writ petition.
WP(C) No. 24878 of 2021 4
P7 and P8. The petitioners submit that they have highlighted all these aspects in Ext P9 representation before the Municipality.
With the above said direction the writ petition is disposed of.
Sd/VIJU ABRAHAM JUDGE
sbk/-
WP(C) No. 24878 of 2021 5
APPENDIX OF WP(C) 24878/2021
PETITIO |
NER EXHI |
BITS |
|---|---|---|
Exhibit |
P1 |
TRUE COPY OF THE LETTER ISSUED BY THE THENSECRETARY OF THE MUNDATHIKODE GRAMAPANCHAYATH BEARING NO.A4-2885/14 DATED08.08.14 TO THE 1ST PETITIONER. |
Exhibit |
P2 |
TRUE COPY OF THE RECEIPT BEARINGNO.114008101089 DATED 19.07.2014 ISSUED BYTHE MUNDATHIKODE GRAMA PANCHAYATH TO THE1ST PETITIONER, EVIDENCING RECEIPT OFRS.500/- TOWARDS BIDDER'S EARNERS MONEYDEPOSIT. |
Exhibit |
P3 |
TRUE COPY OF THE ADVCANCE AMOUNT/SECURITYDEPOSIT OF RS.49,500/- PAID BY THE 1STPETITIONER FOR THE SHOT ROOM BEARINGNO.XI/576-C BEARING RECEIPT NO.48 DATED25.08.14. |
Exhibit |
P4 |
TRUE COPY OF THE ADVANCE AMOUNT/SECURITYDEPOSIT OF RS.49,500/- PAID BY THE 2NDPETITIONER FOR THE SHOP ROOM BEARINGNO.XI/576-F BEARING RECEIPT NO.47 DATED25.08.14. |
Exhibit |
P5 |
TRUE COPY OF THE CASH RECEIPT BEARINGNO.B1601678 DATED 31.03.2015 ISSUED TO THE2ND PETITIONER BY THE SAID PANCHAYATHEVIDENCING PAYMENT OF RS.20,075/- TOWARDSROOM RENT UPTO MARCH 2015. |
Exhibit |
P6 |
TRUE COPY OF THE REPRESENTATION PREFERREDBY THE PETITIONERS BEFORE THE 5THRESPONDENT DATED 09.08.2016. |
Exhibit |
P7 |
TRUE COPY OF THE REVENUE RECOVERY NOTICEBEARING RRC NO.2020/2893/08 DATED21.01.2021 FOR RS.1,42,881/- ISSUED TO THE1ST PETITIONER. |
Exhibit |
P8 |
TRUE COPY OF THE REVENUE RECOVERY NOTICEBEARING RRC NO.2020/2946/08 DATED21.01.2021 FOR RS.1,42,949/- ISSUED TO THE2ND PETITIONER. |
Exhibit |
P9 |
TRUE COPY OF THE REPRESENTATION SUBMITTEDBY THE PETITIONERS BEFORE THE 6THRESPONDENT BEARING INWARD RECEIPT NO.9759DATED 02.09.2021 OF WADAKKANCHERYMUNICIPALITY. |
GOPALAKRISHNAN V.P.
RAMCHANDRAN.K.V.
THE DISTRICT COLLECTOR, THRISSUR
DEPUTY TAHSILDAR, TALAPPILLY TALUK
VILLAGE OFFICER, PERINGANDOOR
WADAKKANCHERY MUNICIPALITY
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court