LAWS(KER)-2018-12-218

VEERA JOHNSON Vs. STATE OF KERALA

Decided On December 18, 2018
Veera Johnson Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) are as follows: "i) Issue a writ in the nature of a mandamus or other appropriate writs, orders or direction commanding the respondents to pay the entire arrears or rent kept by them with respect to building No.8/968-938A taken by them on lease from the petitioner for the purpose of conducting the office of the 4 th respondent together with interest at a rate of 12% per year for the defaulted periods.

(2.) Heard Sri.Abraham Mathew, learned counsel appearing for the petitioner and Smt.A.C.Vidhya, learned Govt. Pleader appearing for the respondents.

(3.) It is submitted that respondent No.4 [Special Tahsildar Land Acquisition (NHAI), Unit No.3, Kavanadu, Kollam], is in occupation of the building belonging to the petitioner on rental basis for housing the office of the 4th respondent since 22.8.2009, on the strength of Ext.P-3 and other subsequent lease agreements, wherein they have agreed to pay the rent @ Rs. 8,000/- per month. However, the respondent State and its officers have kept huge amount as unpaid arrears of rent without caring to pay the rent every month regularly. That the respondents have clearly admitted about arrears of unpaid rent, as can be seen from Exts.P12 and P-14 and also offered to pay the rental arrears due to the petitioner. But such assurance and promises have been only breached by the respondents and till date rental arrears are subsisting.