Tenants must receive equitable treatment regarding allocation of premises and terms when similar rights are established, reflecting the obligations of local governing bodies in tenancy matters.

JUDGMENT

This writ petition is filed seeking the following reliefs:- “i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents not to insist for additional security deposit from the petitioner, for occupying the same area which he occupies now in Room No.VII/393, in the event of reconstruction of the building;

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents not to back out from the obligation of giving the same area which the petitioner occupies in Room No.VII/393, in the event of reconstruction of the building by the Panchayath.”

2. The case of the writ petitioner is that he was conducting a bakery in a shop room, in a building owned by the first respondent Grama Panchayat and has been in possession of the said room since 1974. In 2009, the Panchayat decided to demolish the building and to construct a new building having 26 shop rooms. It is urged that the petitioner and other tenants were assured that they would be given shop rooms in the newly constructed building belonging to the Panchayath on preferential terms. Apprehending that the Panchayat would back out of their agreement, the writ petition was filed.

3. On 11.11.2014 an interim order was passed directing the Panchayat to keep one room vacant subject to further orders in the writ petition. The Panchayat thereafter filed counter affidavit dated 22.11.2014 stating that the newly constructed shopping complex consisted of 33 rooms and that 9 of these rooms have been allotted for existing tenants at reduced rates. It was stated that the other rooms were being auctioned in an auction to he held on 26.11.2014. It was also stated in the counter affidavit that the Panchayat had conducted a meeting with the existing tenants for fixation of rent and advance payable by them and that the petitioner alone had refused to abide by the terms reached in the meeting. Thereafter the Panchayat had decided that one shop room in the ground floor of the building would be kept vacant as directed by this Court. However, the petitioner had filed an affidavit contending that the said room was only a staircase room and was in a corner of the building and did not have any of the facilities of the rooms which had been allotted to the other existing tenants or the rooms which had been auctioned by the Panchayat. The Panchayat had thereupon, been directed by this Court to produce the details of the room kept vacant pursuant to the interim order.

4. A further affidavit had been filed by the Panchayat dated 25.01.2015 stating that the number of the room is A.P.VII/713 and that it is not make-shift room under the staircase. The decision of the Panchayat Committee dated 28.11.2014 showing the number of the room as A.P. VII/713 was also produced along with the affidavit. The petitioner had again filed an affidavit along with the petition to accept the additional documents and produced photographs of the building as well as the room now kept vacant to accommodate the petitioner. It is clear from the photograph produced that the room No.AP VII/713 now allotted to the petitioner is a corner room, abutting a staircase of the building and has no frontage or access from the main corridor in front of the building. The access to the shop room is from the corridor in front of the staircase and it clearly is a corner room.

5. Heard Smt.Smitha Sukumaran, learned counsel appearing for he appellant and Sri.M.A.Abdul Hakhim, learned standing counsel for the Panchayat. Learned counsel for the Panchayat had made available auction notice dated 29.10.2014 wherein all but nine rooms which were allotted to the other existing tenants except the petitioner was put to auction. It is seen from the notice that room No.AP VII/713, the room which is said to be reserved for handicapped, has a lower amount of deposit as well as rent notified against it. This is the shop room which admittedly is now kept apart to accommodate t