Kerala High Court
V.Muraleedharan Nair vs Travancore Devaswom Board on 5 July, 1989
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 7TH DAY OF OCTOBER 2013/15TH ASWINA, 1935
WP(C).No. 25586 of 2012 (W)
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PETITIONER(S):
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1. V.MURALEEDHARAN NAIR, AGED 56 YEARS
S/O K.VELAYUDHAN PILLAI, BINDU BHAVA, KANJOORKKONAM
KATTAKADA, THIRUVANANTHAPURAM.
2. ANIL KUMAR V.S,
S/O VISWANATHAN NAIR, LEKHA NIVAS, PUTHUKULANGARA
VELLANADU, THIRUVANANTHAPURAM.
3. K.KRISHNAN NAIR,
THULASI BHAVAN, MINI NAGAR, KATTAKADA
THIRUVANANTHAPURAM.
4. DR. GEETHA C.S,
D/O P.R.CHANDRASEKHARA WARRIER, GEETHANJALI
NEYYAR DAM (PO), KALLIKKADU, KATTAKADA
THIRUVANANTHAPURAM.
5. S.RAMACHANDRAN NAIR,
S/O SIVARAMA PILLAI, AMBALATHUVILA VEEDU, KADAVATTARAM
NEYYATTINKARA, THIRUVANANTHAPURAM.
6. C.RAGOPALACHARI,
A.R.BHAVAN, KONNIYOOR, POOVACHAL (PO).
7. C.RAJENDRAN NAIR,
SWATHI BHAVAN, KULATHUMMAL, KATTAKADA
THIRUVANANTHAPURAM.
8. P.JAYARAJ,
VARUVILAKATHU VEEDU, VIZHINJAM, THIRUVANANTHAPURAM.
9. PREETHA V.K.,
D/O.N. JAYACHANDRAN NAIR, KEEZHEPUTHUVILA VEEDU
KATTAKADA, THIRUVANANTHAPURAM.
10. GANESAN PILLAI,
SREEVARDHINI HOUSE, VALIYARA, VELLANADU
THIRUVANANTHAPURAM.
11. KUMARI GEETHA.S,
W/O LATE G.SISUMADHAVAN NAIR, KOTTAKKAL VEEDU
ONAMCODE, POOVACHAL (PO), THIRUVANANTHAPURAM.
BY ADVS.SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
RESPONDENT(S):
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1. TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, NANTHENCODE
THIRUVANANTHAPURAM-695 122.
2. SUB GROUP OFFICER,
TRAVANCORE DEVASWOM, VEERANAKKAVU SUB GROUP
NEYYATTINKARA-695 121.
3. ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, TRIVANDRUM-695 001.
4. THE COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, TRIVANDRUM-695 001.
R1-R4 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1: TRUE COPY OF THE PROCEEDINGS NO.R.O.C.2321/86/M DATED
5.7.1989.
EXHIBIT P2: TRUE COPY OF THE JUDGMENT IN WA 2766 OF 1998 DATED
23.6.2000.
EXHIBIT P3: TRUE COPY OF THE NOTICE NO.172 DATED 9.10.2012 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 15.10.2012
SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE RENT DEED DATED 13.10.2009 OF THE IST
PETITIONER.
RESPONDENTS' EXHIBITS
EXT.R1(A)-TRUE COPY OF MINUTES OF THE MEETING HELD ON 27.4.2013 IN
THE DEVASWOM BOARD OFFICE.
// TRUE COPY //
P.S. TO JUDGE
T.R. RAMACHANDRAN NAIR & B.KEMAL PASHA, JJ.
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W.P.(C).No.25586/2012
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Dated this the 7th day of October, 2013
J U D G M E N T
Ramachandran Nair, J.
The petitioners are stated to be traders who are occupying shop rooms in the shopping complex of Kattal Devaswom under the Travancore Devaswom Board. The details of the space occupied by them have been stated in para.1 of the writ petition in a table. Apparently, the complaint is that the Board is proceeding to revise the rent and the petitioners have to execute the lease agreement only for three months, which according to the petitioners is not a justifiable action. Accordingly, they are seeking to quash Ext.P3 notice.
2. A detailed counter affidavit has been filed on behalf of respondent Nos.1 to 4. It is stated in the counter affidavit that from the year 1989 onwards various rooms in the shopping complex were being rented out. Mention is made about the directions issued by this Court in the Judgment in W.A.No.2716/1998. It appears that the Board decided to W.P.(C).No.25586/2012 -:2:- enhance rent of the shop rooms on the basis of the report of the Finance and Accounts Officer of the Travancore Devaswom Board. The suggested rent and deposit proposed to be insisted for various shops are given in a table in para.2 of the counter affidavit. As far as individual petitioners are concerned also, certain details have been given. Going by the same, it can be seen that some of the petitioners are not having licences from the Panchayat and Registration Certificates of the Assistant Labour Officer. The Board, by order dated 09/05/2013, has entrusted the Estate Division to take the preliminary steps to revise the rent of the shops in the shopping complex belong to the Travancore Devaswom Board enabling the Board to have a perusal. It is stated that the proposal with respect to the shops in the shopping complex of Kattal Devaswom was also accordingly undertaken and Ext.R1(a) is the copy of the minutes. It is further stated in para.2 of the counter affidavit as follows:
"............ As 7 tenants out of 12 are having Registration and Licence from the Labour Department and Grama W.P.(C).No.25586/2012 -:3:- Panchayat and have executed agreement with the Assistant Devaswom Commissioner for business from 2009 to 2012 their request will be considered even if the renewal of the agreement was only for three years upto 2012, subject to negotiation and final decision of the Board in consultation with the Officers concerned and taking into account the present rates in the locality."
With regard to other five tenants, it is stated that there is an instruction to regularise the tenants, who are conducting business on sublet with fresh agreement and on negotiated rent and if such tenants are not prepared to pay the same, they may be evicted and fresh auction shall be conducted with the newly proposed rent and security.
3. In the light of the above proposals with regard to these two type of tenants, viz. the tenants having Registration Certificate and Licence and the other tenants who are not having the same, we allow the Board to proceed with the matter. They will enter into negotiation with petitioners and finalise the same in consultation with the Officers concerned as proposed in the counter affidavit within one month. The interim order will W.P.(C).No.25586/2012 -:4:- continue till such an action is finalised. The writ petition is disposed of as above. No costs.
Issue photocopy today itself.
(T.R. Ramachandran Nair, Judge) (B.Kemal Pasha, Judge) ms