MRIDUL MOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner who is indebted to the Kerala State Housing Board, seeking to quash Ext.P10 notice issued as per Sec. 7 of the Kerala Revenue Recovery Act, 1968 and Ext.P6 order of eviction dtd. 17/3/2011 from the building of the Housing Board. Brief material facts for the disposal of the writ petition are as follows.

(2.) In the year 2009, the Kerala State Housing Board has allotted a shop room bearing No. S-35 on rent to the petitioner at its Revenue Tower, Kothamangalam. Case of the petitioner is that, even though petitioner had taken the shop room on rent, he could not start the business in the room due to financial problems, and also due to the reason that later he secured a job abroad. Therefore, according to the petitioner, petitioner was under the belief that Ext.P1 lease agreement was terminated and the shop room was repossessed by the lessor in the month of July, 2009, after adjusting the security amount towards the monthly rent due if any.

(3.) It is the case of the petitioner, 3rd respondent issued a notice dtd. 31/10/2009, demanding the petitioner to pay an amount of Rs.12,360.00 towards six months rent due to the Board. Later, when the petitioner returned to India, he approached the 4th respondent and informed that he could not start any business in the shop room and accordingly surrendered the same and paid an amount of Rs.4,000.00 towards rent dues after adjusting the security deposit as demanded by the 4th respondent to terminate Ext.P1 lease agreement.