High Court of KeralaWP(C)/34360/2009disposed of

P.R.Jalaja v. State Of Kerala

2015-09-11Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 34360 of 2009 (L) ---------------------------- PETITIONER(S):

---------------- P.R.JALAJA, KOTTAKKAL HOUSE P.O.KUTTUR, THRISSUR DISTRICT.

BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S):

------------------

1. STATE OF KERALA REP. BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THRISSUR MUNICIPAL CORPORATION REP. BY ITS SECRETARY, THRISSUR.

R,R2 BY ADV. SRI.K.P.VIJAYAN R,R1 BY SR. GOVT. PLEADER SMT.ANITHA RAVINDRAN. R,R2 BY ADV. SRI.V.M.SYAM KUMAR R,R2 BY ADV. SMT.KRIPA ELIZABETH MATHEWS R,R2 BY ADV. SRI.V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-09-2015, ALONG WITH WPC. 3341/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.34360 OF 2009 PETITIONER(S) EXHIBITS EXHIBIT P1 :

PHOTOCOPY OF THE RESOLUTION DATED 17.10.2003 EXHIBIT P2 :

PHOTOCOPY OF THE PROCEEDINGS OF THE MEETING HELD ON 28.5.2007 EXHIBIT P3 :

PHOTOCOPY OF THE RESOLUTION DATED 14.10.2009 EXHIBIT P4 :

PHOTOCOPY OF THE NOTICE DATED 30.10.2009 RESPONDENT(S) EXHIBITS EXT.R2(a) TRUE COPY OF AGREEMENT DATED 11.6.2007 EXECUTED BY THE PETITIONER IN FAVOUR OF THE SECOND RESPONDENT. //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) Nos.34360/2009 & 3341/2010 --------------------- Dated this the 11th day of September, 2015

J U D G M E N T

The petitioners having executed licence agreements cannot wriggle out of their obligation to pay the licence fee. Their plea to have the licence fee scaled down has already been turned down by the Municipal Corporation. The challenge to the recovery proceedings initiated to realise the arrears of licence fee cannot therefore be countenanced.

2. I however permit the petitioners to pay the licence fee in arrears in five equal monthly instalments starting from 1.10.2015. The coercive steps shall be put on hold if the petitioners comply with the conditions in time. The coercive steps including evicting the petitioners from the premises shall be resorted to if any one of the instalments are defaulted.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.