IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MAKARAJOTHI PANCHAMI SWAYAM SAHAYASANGHAM – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 7769 OF 2026
| Table of Content |
|---|
| 1. introduction and prayers of the petitioner. (Para 1) |
| 2. petitioner's satisfaction with consideration of ext.p15. (Para 2) |
| 3. directive for expeditious decision-making. (Para 3) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"(i) to issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, calling for the records leading to the issuance of Exts. P8, P12 and P16 and to quash the same;
(ii) to issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, calling for the records leading to the issuance of Exts. P4 and quash the same to the extent it stipulates a rent of Rs. 54,823/-;
(iii) to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to re- determine the rent and security deposit payable by the Petitioner strictly in accordance with Ext. P1 Government Circular, Ext. P2 Bye-laws, and Exts. P6 and P7 Government Orders, and to refund to the Petitioner any amounts collected in excess thereof;
(iv) to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to grant to the Petitioner the full benefits Exts. P6 and P7 Government Orders including rebate proportionate to the period of closure due to COVID-19 and the period during which the Petitioner was forcibly dispossessed by the Respondents;
(v) to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to grant to the Petitioner the benefits of Ext. P1 circular and P2 bye-laws and to fix the rent at 1/4th rate which is applicable to the scheduled caste community;
(vi) Declare that the action of the respondents in issuing Exts. P8, P12 and P16notices are absolutely illegal, arbitrary, unfair, unreasonable, discriminatory and violative of Articles 14and 21 of the Constitution of India ;
(vii) Declare that the petitioners are entitled to the benefits of Ext. P1 Circular, P2 Bye-laws and well as Exts.
P6 and P7 Government Orders;
(viii) It is humbly prayed that this Hon’ble Court may be pleased to dispense with filing of English translation of Vernacular Documents.
(ix) To issue such other writ, order or direction as this Hon’ble Court deem fit and proper in the facts and circumstances of the case."
[SIC]
2. When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner would be satisfied if a direction is issued to consider Ext.P15 by the 3rd respondent
3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the respondents.
Considering the facts and circumstances of this case, I think that prayer can be allowed. Therefore, this writ petition is disposed of with the following directions:
i) The 3rd respondent is directed to consider Ext.P15, and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
ii) Till then, no coercive steps against the petitioner shall be made based on Ext.P16.
Sd/-
P.V.KUNHIKRISHNAN JUDGE AJ
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GOVERNMENT CIRCULARNO.2378/B1/1990 DATED 01.08.1990 EXHIBIT P2 TRUE COPY OF THE BYLAWS FOR THE B.R.AMBEDKAR AYYANKALI THOZHIL PARISHEELANA KENDRAM' FOR THE PURPOSE OF REGULATING THE TENANCY AND MANAGEMENT OF THE PREMISES EXHIBIT P3 TRUE COPY OF THE TENDER NOTIFICATION ISSUED BY THE 2ND RESPONDENT.
Judgment reserved
NA
Date of Judgment
28.02.2026
Judgment dictated
28.02.2026
Draft judgment placed
28.02.2026
Final Judgment uploaded
02.03.2026
EXHIBIT P4 TRUE COPY OF THE RENTAL DEED DATED 19.08.2020 FOR THE PURPOSE OF RENTING OUT THE GROUND FLOOR EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED
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