IN THE HIGH COURT OF KERALA AT ERNAKULAM
BIJU.A – Appellant
Versus
THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY – Respondent
WP(C) 24986/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946 WP(C) NO. 24986 OF 2019 PETITIONER:
BIJU.A, AGED 54 YEARS, S/O P.APPUKUTTAN, ROOM NO.49, KEDARAM SHOPPING COMPLEX, KESAVADASAPURAM, PATTOM P.O.THIRUVANANTHAPURAM, RESIDING AT T.C.11/963, VARUVILAKAM HOUSE, NANTHANCODE, THIRUVANANTHAPURAM.
BY ADVS.
SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.R.BINDU SRI.P.I.NAJUMAL HUSSAIN SMT.NEENU PAVITHRAN RESPONDENTS:
THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY ((TRIDA) JAYA MANSION, VAZHUTHACAD, SASTHAMANGALAM P.O.THIRUVANANTHAPURAM-695 010, REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.K.A.JALEEL, SC., TRIDA SRI.K.A.JALEEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner, who is stated to be a tenant in a shopping complex under the respondent herein, has filed the captioned writ petition challenging Ext.P5 notice issued by the respondent.
2. I have heard Sri.H.Kiran, the learned counsel for the petitioner and Sri.K.A.Jaleel, the learned Standing Counsel for the respondents herein.
3. This Court notices that Ext.P5 is only a notice issued by the respondent requiring the petitioner to inform whether he is ready and willing to continue in the tenancy on the basis of Clause IV (1) of Ext.P1 agreement. The petitioner cannot be aggrieved by Ext.P1 in any manner.
4. The learned Standing Counsel for the respondent also submits that the petitioner has since been making remittance of the rent to the respondent in tune with the provisions of Clause IV (1) of Ext.P1 and has been continuing in occupation of the premises in question.
5. In the light of the afore, I am of the opinion that the prayers in the afore writ petition no longer remain for consideration.
In the result, this writ petition would stand closed.
Sd/-
HARISANKAR V. MENON JUDGE ANA APPENDIX OF WP(C) 24986/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ONE SUCH LEASE AGREEMENT DATED 15.6.2011 ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF ONE SUCH LEASE AGREEMENT DATED 14.6.2017 ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
29.9.2018 SUBMITTED BY THE KEDARAM SHOP OWNERS ASSOCIATION.
EXHIBIT P4 TRUE COPY OF THE DRAFT OF THE LEASE DEED SOUGHT TO BE EXECUTED BY THE PETITIONER BY THE RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTICE BEARING NO R2/2134/94/TRIDA/49 DATED 27.8.2019.
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