BY AD v. B.G.HARINDRANATH

SRI. SUNIL KUMAR KURIAKOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2436 OF 2024 -2- JUDGMENT Dated this the 16th day of February, 2024 The petitioner says that he has leased out a property to the 3rd respondent, as evident from Ext.P1; and that though they had resolved to enhance the rent and pay the arrears to him, it has not been done, presumably because, respondents 1 and 2 have not taken further action on such. He thus prays that respondents 1 and 2 be directed to pay the enhanced rent, along with arrears, within a time frame to be fixed by this Court; further praying that Exts.P10 and P12 be quashed, to the extent to which the 3rd respondent has shied away from their responsibility to honour the said claim and has put it exclusively on respondents 1 and 2.

2. Sri. B.G. Harindranath – learned counsel for the petitioner, submitted that his client has now been pushed to a corner because, though she is the landlord, she has been denied eligible rent, solely because the 3rd respondent says that have no financial resources to honour her claim, which, in fact, they have acceded to. He argued that his client is, therefore, fully justified in having approached this Court; and prayed that the reliefs sought for in this writ petition be granted. W.P.(C) NO.2436 OF 2024 -3-

3. Pertinently, the learned Government Pleader - Sri. Sunil Kumar Kuriakose, submitted that the only practical issue which impedes respondents 1 and 2 from acceding to the recommendations of the 3rd respondent on the claim of the petitioner, is that the building has not been yet properly valued by the competent Authority. He submitted that, since the petitioner has now arrayed the 4th respondent – Kerala Public Works Department, in the party array as an additional respondent, its competent Authority can evaluate the same; and that, on receipt of their report, the 2nd respondent will advert to the recommendations of the 3rd respondent and acceded to, to the extent permissible. He, therefore, prayed that this writ petition be ordered only on such terms.

4. Sri. B.G. Harindranath - the learned counsel for the petitioner acceded to the afore suggestions. In the above circumstances, I dispose of this writ petition with the following directions:- (a) The competent Authority of the 4th respondent Public Works Department – which the learned Government Pleader says is the Assistant Executive Engineer, Thiruvananthapuram - will evaluate the rental value and worth of the building in question and file a report before the W.P.(C) NO.2436 OF 2024 -4- 2nd respondent, with a copy to the petitioner, within a period of one month from the date of receipt of a copy of this judgment. (b) On the afore report being received by the 2nd respondent, it will immediately advert to the recommendations made by the 3rd respondent through Exts.P10 and P12; and take a final decision as to the rent to be fixed in favour of the petitioner, as also the arrears of rent that becomes so eligible. A final decision in this regard shall be communicated to the 3rd respondent by the 2nd respondent within a period of two months from the date on which it receives a report in terms of direction No.(a) above. (c) On the 3rd respondent receiving the recommendations/proceedings from the 2nd respondent in terms of the directions above, it will proceed to discharge the liability to the petitioner, including the arrears of rent, within a period of one month thereafter. Necessary resources for this shall be ensured to be forwarded to the 3rd respondent by respondents 1 and 2 appropriately. DEVAN RAMACHANDRAN JUDGE Sd/- W.P.(C) NO.2436 OF 2024 -5- APPENDIX OF WP(C) 2436/2024 PETITIONER'S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 A TRUE COPY OF THE AGREEMENT FOR LEASE DATED 01.02.2000 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT A TRUE COPY OF THE OFFICE ORDER NO. 5611/2021/MRST/HWC DATED 04.12.2012 PASSED BY THE 2ND RESPONDENT ENHANCING THE MONTHLY RENT OF THE TENANTED PREMISES TO RS.6,000/- A TRUE COPY OF THE NOTICE OF TERMINATION DATED 21.11.2016 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT A TRUE COPY OF ONE SUCH REMINDER SENT BY THE PETITIONER TO THE 2ND RESPONDENT ON 30.10.2018 THROUGH REGISTERED POST A TRUE COPY OF THE COMMUNICATION NO.183/A2/19/HWC DATED 22.04.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER A TRUE COPY OF THE REPLY LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT THROUGH REGISTERED POST ON 16.05.2019 A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 29.01.2021 BETWEEN THE PETITIONER AND REPRESENTATIVES OF THE 2ND RESPONDENT A TRUE COPY OF THE MINUTES OF 205TH BOARD MEETING OF THE 2ND RESPONDENT HELD ON 17.04.2021 W.P.(C) NO.2436 OF 2024 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 -6- A TRUE COPY OF THE REPRESENTATION NO.285/MRST/2014/HWC DATED 14.05.2021 A TRUE COPY OF THE COMMUNICATION NO.385/MRST/2021/KSHPWC DATED 12.05.2022 ISSUED BY THE 2 RESPONDENT TO THE PETITIONER A TRUE COPY OF THE REPLY DATED 27.05.2022 SUBMITTED BY THE PETITIONER A TRUE COPY OF THE COMMUNICATION NO. 385/MRST/2021/ KSHPWC DATED 17.06.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P13 A TRUE COPY OF THE LETTER DATED 25.07.2022