A.A.GOVINDAN Vs. GURUVAYOOR MUNICIPALITY

JUDGEMENT

(1.) W.P.(C) No.11362 of 2016 seeks interdiction of public auction proceedings initiated by the respondent -Municipality; with Exhibit P8 and for a further direction to extend the period of licence, to occupy and run the Rest House, as granted in Exhibit P6 with annual increase as per the earlier terms in Exhibit P1. The further relief prayed for is, a direction to reimburse the amounts spent by the petitioner to carry out repairs and maintenance of the Rest House during the period of licence; extending from 1989.

(2.) W.P.(C) No.33380 of 2010 sought for a direction to the Municipality to carry out annual repairs and maintenance and to reimburse the amounts already spent by the petitioner for the purpose. There is also a prayer to reimburse the excess amounts collected by the Municipality. The prayer sought for consideration of Exhibits P11 and P12 representation, to extend the period of licence, is no more alive since the licence was extended in 2013 and the same stood expired on 31.03.2016.

(3.) The petitioner admittedly has been in possession of the Rest House constructed and owned by the Municipality from 1989 onwards on the basis of lease agreements, which were extended intermittently, for three year periods. The extensions were not without any dispute, since the records indicate that many a time the petitioner had not been regular in paying the lease rent as also other charges, which were the liability of the petitioner; which resulted in the Municipality having frequently issued notices for eviction of the petitioner, threatening him with auctioning out the Rest House.