IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 11^TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943 WP(C) NO. 22902 OF 2016 PETITIONER/S:

AYNIKKAL PROPERTIES A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER, STANLY A.ANTONY, AYNIKKAL HOUSE, KUNDOOR KARA, KUNDOOR P.O., TRICHUR DISTRICT, PIN - 680 734.

BY ADVS.

SRI.M.P.RAMNATH SRI.BEPIN PAUL SRI.P.RAJESH KOTTAKKAL SMT.SIKHA S.NAIR SRI.SHALU VARGHESE SMT.S.SANDHYA SMT.UMA R.KAMATH SEI.M.VARGHESE VARGHESE RESPONDENT/S:

1 HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALI ANGAMALI, REPRESENTED BY JUNIOR SUPERINTENDENT, BUILDING NO.20/148-149 (91A, 91B & 91C OF WARD NO.XX), ANGAMALI MUNICIPALIY, ANGAMALI P.O., PIN - 683 572.

2 PUBLIC WORKS DEPARTMENT REPRESENTED BY ASSISTANT ENGINEER, PWD BUILDING SECTION, ALUVA, ERNAKULAM DISTRICT, PIN - 683 101.

3 DISTRICT COLLECTOR ERNAKULAM, KAKKANAD, KOCHI, PIN - 682 031.

4 THE REGISTRAR SUBORDINATE JUDICIARY HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 018.

5 THE STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695 001.

BY ADV GOVERNMENT PLEADER R2,R3 AND R5 - SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER R4 BY SRI.B.UNNIKRISHNA KAIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Dated this the 11th day of March, 2022.

JUDGMENT

The writ petitioner is the owner of a four storied building situated in an extent of 19 cents of land in survey Nos. 400/9/2, 400/10/1 and 400/10/2 of Angamali Village, Ernakulam District. The subject issue in the writ petition relates to non-grant of adequate rent to two floors of the building occupied by the Judicial First Class Magistrate Court Angamali. The second and third floors of the building are occupied by the petitioner for his own purposes and the ground floor and the first floor bearing Nos.91A, 91B and 91C in Ward No.20 of Angamaly Municipality were taken on rent by the Public Works Department, represented by Assistant Engineer, Building section, Aluva, Ernakulam and the District Collector, Ernakulam— respondent Nos. 2 and 3, for accommodating the Judicial First Class Magistrate Court, Angamali on and with effect from 01.11.2014.

2. According to the petitioner, the total building area used for accommodating the court is 4677 sq. ft. Even though possession was given and necessary works were carried out for appropriate functioning of the court, no agreement was executed. It is also pointed out that the building complex is situated in a prime location close to National Highway-47 near Angamaly junction, where Main Central Road meets with National Highway-47.

3. But, fact remains, no rent was fixed when the buildings were taken on rent and the petitioner was informed that the buildings are required urgently and therefore, the possession was handed over to the respondents. Later, the petitioner was informed to sign a proforma by the first respondent—Judicial First Class Magistrate Court, Angamali, and on the basis of the directions issued to produce the land value certificate in the name of the first respondent, Tahsildar, Aluva was informed about the same and accordingly, the Tahsildar issued Ext. P2 certificate showing the land value as Rs.37,31,210/- per Are (Rs.15,10,611/- per cent), which is akin to the Government fair value remitted for the purpose of stamp duty.

4. In spite of all the efforts made by the petitioner, the rent was not fixed, nor an agreement was executed. In order to enable the respondents to fix the rent, the petitioner secured Ext. P3 letter from the municipality dated 07.08.2015 showing the rent at the rate of Rs.60/- to Rs.70/- per sq. ft. in the buildings of old Municipal complex and KSRTC Complex.

5. The case of the petitioner is that the building in question is situated close to the KSRTC Bus stand and the Municipal building complex and it is further submitted that the prevailing rent of the building would be Rs.80/- to Rs