P KRISHNAMOORTHY S/O PAZHANIYAPPAN Vs. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE petitioner challenges the order of the Ombudsman for Local Self Government Institutions by which the petitioners challenge against the enhancement of rent from Rs. 600/- to Rs. 720/- with effect from 1.4.2005 for the bunk shop owned by the 3rd respondent Municipality and licenced to the petitioner was rejected.

(2.) THE petitioner, a physically challenged person with 65% permanent disability applied for and obtained permission to erect an advertisement bunk for selling tea near the Municipal Bus Stand, Palakkad. THE said permission dates back from the year 1992 when an agreement was executed between the Municipality and the petitioner fixing the monthly rent at Rs. 300/-. THE petitioner continued paying the said rent for very many years and the 3rd respondent Municipality enhanced the same to Rs. 600/- with effect from December, 2004 as per the decision of the council dated 13.12.2004. Aggrieved by the same the petitioner approached this Court. This Court by Ext.P4 judgment upheld the revision of rent mainly on the ground that the same is made after a lapse of 13 years and held that the said revision cannot be said to be unreasonable or arbitrary. However, the further claim of the petitioner regarding the duty payable on the agreement to be executed by the Municipality was considered in Paragraph 4 and necessary directions issued which issue does not at all arise in the above writ petition.

(3.) IN such circumstances, I am of the opinion that Ext.P5 cannot have any retrospective operation and enhancement of rent can only be prospective, i.e, from April, 2006 onwards. Consequently there can be no demand for payment of enhanced amounts for the earlier period.Ext.P11 order of the first respondent would stand modified to the above extent. Writ petition is disposed of as above however, without any order as to costs.