Petitioner sought return of security deposit for surrendered shop room. Court directed respondents to release balance within four months. Court imposed six percent interest for delay and allowed part payments at earliest.
Respondents directed to release balance amount within four months; failure attracts 6% annual interest. Part payments allowed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945
WP(C) NO.5032 OF 2022
PETITIONER :-
PARAMASIVAN, AGED 40 YEARS S/O.ESAKI, RESIDING AT NJAVALLI HOUSE, VADAYATTU ROAD, PALA POST, PALA-686 575
BY ADVS. JAI GEORGE DAISY A.PHILIPOSE
RESPONDENTS :-
BY SRI.SUJITH MATHEW JOSE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.5032 OF 2022
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JUDGMENT
Dated this the 10th day of April, 2023
This writ petition is filed seeking the following reliefs :-
learned Standing Counsel appearing for the respondent Municipality.
WP(C) NO.5032 OF 2022
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security deposit. However, due to the Covid-19 Pandemic, the petitioner could not conduct any business in the shop room and the same was surrendered on 3.11.2021. The 1st respondent sought three months' time to return the security deposit. However, the amounts were not refunded to the petitioner. It is submitted that pursuant to an interim order passed by this Court, a total amount of Rs.4,80,000/- has been returned to the petitioner. It is submitted that the balance amounts are also to be released to the petitioner without delay.
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In the above view of the matter, this writ petition is disposed of with a direction to the respondents to take necessary steps to see that the entire balance amount is released to the petitioner within a period of four months from the date of receipt of a copy of this judgment. In case the amounts are not released within the four months as directed above, they will carry interest at the rate of 6% per annum. In case the respondents are able to make part payments towards the amounts due to the petitioner, they shall do so at the earliest.
Sd/-
ANU SIVARAMAN JUDGE
Jvt/18.4.2023
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APPENDIX OF WP(C) 5032/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AGREEMENT DATED 17.9.2018 ENTERED INTO BETWEEN THE PETITIONER AND 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 11 7.2018 FOR AN AMOUNT OF RS.11,86,820/- ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE REPRESENTATION ALONG WITH THE RECEIPT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
2 issues framed by the court
Whether the respondents are duty bound to release the balance security deposit amount to the petitioner without further delay after the surrender of the shop room.
Whether the writ petitioner should be directed to obtain the remaining deposit within a specified period with interest in case of default.
Paramasivan
Pala Municipality represented by its Secretary
The Secretary, Pala Municipality
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
