P.V.Mathai vs the Executive Engineer

P.V.Mathai vs The Executive Engineer

Type Court Judgment Court Kerala Decided Feb 01, 2022

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https://sooperkanoon.com/case/1556647

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Citation: sooperkanoon.com/1556647
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Feb 01, 2022
Case Number: WP(C)/28281/2021

Parties & Advocates

Appellant / Petitioner

P.V.Mathai

Respondent

The Executive Engineer

Excerpt

.....of the owner. unless the petitioners produce these documents, the respondents will not be in a position to process the application.4. the learned counsel for the petitioners submittedthat the petitioners have already submitted consent letter and the petitioners are ready to submit the remaining documents also. in the circumstances, the writ petition is disposed of permitting the petitioners to submit the aforesaid documents to the 1st respondent. the 1st respondent shall take a decision on the applications submitted by the petitioners within a period of four weeks from the date of receipt of requisite documents. sd/- n. nagaresh, judge ncd/02.02.2022 appendix of wp(c) 28281/2021 petitioners' exhibits exhibit p1 a true copy of the order dated 11.09.2020 in rcp 27/2017 issued by the rent control court alappuzha. exhibit p2 a true copy of the reply notice issued by the 2nd respondent on 07.11.2018. exhibit p3 a true copy of the letter dated 09.08.2019 issued by the 2nd respondent to the 3rd petitioner.exhibit p4 a true copy of the letter dated 16.08.2019 issued by the 2nd exhibit p5 a true copy of the order dated18.09.2020 of rent control court alappuzha in rcp.28/18.exhibit p6 a true copy of the letter dated 05.02.2021 issued by the 2nd exhibit p7 a true copy of the representation dated 12.02.2021 sent by thepetitioner to the 1st respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943 WP(C) NO. 28281 OF 2021 PETITIONERS: 1 P.V.MATHAI, AGED 75 YEARS S/O VARGHESE, PULIMUKATHARA HOUSE, 2 SHANTHI MATHAI, AGED 35 YEARS, D/O P C MATHAI, PULIMUKATHARA HOUSE, 3 MARIYAMMA GEORGE, AGED 65 YEARS, W/O GEORGE, PULIMUKATHARA HOUSE, VELLAKKINAR, VALIYAPARAMBU ALAPPUZHA, ALAPPUZHA DISTRICT, PIN-690 102. BY ADVS. M.B.SHYNI P.S.ANISHAD RAJESH KUMAR R. RESPONDENTS: 1 THE EXECUTIVE ENGINEER, PWD BUILDING DIVISION, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN-688 001. 2 THE DEPUTY DIRECTOR OF PANCHAYAT, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, SANTHOSH BUILDING, NO.784/20-C(1), NEAR KANNAN VARKY BRIDGE, ALAPPUZHA DISTRICT, PIN-688 011. SRI.APPU P S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 1st day of February, 2022 The petitioners who have rented out a building to the 2nd respondent has approached this Court seeking to direct the 1st respondent to consider Ext.P7 on the basis of Exts.P4 and P6 within a period of three months.

2. The petitioners require a copy of the Rent

Certificate in respect of the building leased out by them. The petitioners made an application. Even after lapse of nine months, the respondents have not taken any action on Exts.P4, P6 and P7. It is aggrieved by the omission of the respondents in issuing Rent Certificate that the petitioners have approached this Court.

3. When this writ petition came up for hearing

today, the learned Government Pleader submitted that an application for Rent Certificate should be in the prescribed form and should be accompanied by necessary documents. The petitioners have to produce the Building Valuation Certificate, Age Certificate in respect of the building, Valuation Certificate of land and Consent Letter of the owner. Unless the petitioners produce these documents, the respondents will not be in a position to process the application.

4. The learned counsel for the petitioners submitted

that the petitioners have already submitted Consent Letter and the petitioners are ready to submit the remaining documents also. In the circumstances, the writ petition is disposed of permitting the petitioners to submit the aforesaid documents to the 1st respondent. The 1st respondent shall take a decision on the applications submitted by the petitioners within a period of four weeks from the date of receipt of requisite documents. Sd/- N. NAGARESH, JUDGE ncd/02.02.2022 APPENDIX OF WP(C) 28281/2021 PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 11.09.2020 IN RCP 27/2017 ISSUED BY THE RENT CONTROL COURT ALAPPUZHA. Exhibit P2 A TRUE COPY OF THE REPLY NOTICE ISSUED BY THE 2ND RESPONDENT ON 07.11.2018. Exhibit P3 A TRUE COPY OF THE LETTER DATED 09.08.2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.

Exhibit P4           A TRUE COPY OF THE LETTER DATED
                     16.08.2019   ISSUED    BY   THE   2ND
Exhibit P5           A TRUE COPY OF THE ORDER DATED

18.09.2020 OF RENT CONTROL COURT ALAPPUZHA IN RCP.28/18.

Exhibit P6           A TRUE COPY OF THE LETTER DATED
                     05.02.2021   ISSUED    BY   THE   2ND
Exhibit P7           A TRUE COPY OF THE REPRESENTATION
                     DATED   12.02.2021    SENT   BY   THE

PETITIONER TO THE 1ST RESPONDENT.

Same Court & Year Kerala · 2022 Same Parties P.V.Mathai vs The Executive Engineer Same Judge Honourable Mr.Justice N.Nagaresh