NISAR K Vs. KANNUR DISTRICT TOURISM PROMOTION COUNCIL

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Petitioner and the first respondent have entered into a contract for conducting Palakkayamthattu Tourism Scheme, which is under the control of the 1st respondent, for a period of five years, from 7th November 2016. Petitioner has to pay monthly rent of Rs.3,05,000/-. According to the petitioner, he has paid huge amount as security deposit which is equal to twelve months rent. Though agreement was executed in the year 2016, the facilities including electricity connection were not available and the petitioner could obtain license for conducting cafeteria only as per Ext.P3 during December 2017, and the electricity connection was provided only in March, 2018, and therefore, petitioner could not operate the project, as envisaged in Ext.P1 till 2018. It is an admitted fact that instalments were due. However, petitioner states that it was due to default on the part of the respondents in securing necessary service connections and other facilities to the petitioner to start the cafeteria. It is thus seeking the relief specified above this writ petition is filed.

(3.) A statement is filed for on and behalf of the 1 st respondent, and among other contentions, it is stated that, in accordance with the terms of the agreement, the rent due from the contractor is Rs.41,13,230/- and as on November 2018, the amounts due form the petitioner including interest is Rs.66,77,412/-. Petitioner was irregular in paying rent even after getting the building number. Other contentions are also raised. Anyhow, a detailed discussion in the matter is not required, since the learned counsel for the petitioner submitted that petitioner is prepared to pay the outstanding amounts in twelve equated monthly instalments. When this writ petition was admitted to file, an interim order was granted by this Court against dispossession on condition that the petitioner remits an amount of Rs.1,00,000/- within ten days, and it is informed that the said amount is paid.