K.M. RAJA Vs. PATHANAMTHITTA MUNICIPALITY

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

(2.) The writ petition involves the question of enforcement of contractual terms. At the preliminary stage, this Court posed unto itself a question whether a public law remedy can come to the aid of the petitioner to enforce the terms of the contract, which is admittedly non - statutory in nature.

(3.) The facts in brief are that in response to Ext. P1 reauction notice for auctioning rooms in the newly constructed 'Haji C. Meera Sahib Memorial Municipal Bus Stand Business Complex', the petitioner, having participated in the bid process, was declared successful to be the lessee of room No. 44 of the complex for his business purpose. Apart from monthly rent of Rs.65,823/-, the petitioner was required to deposit Rs.52,04,000/- towards refundable deposit, out of which the petitioner is said to have deposited Rs.30,50,000/- on different dates through Exts. P4, P5, P5(a) and Ext. P6. The lease period is said to be one year, renewable thereafter.