Kerala High Court
K.V.Ayisha vs State Of Kerala on 6 June, 2012
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
THURSDAY, THE 14TH DAY OF JUNE 2012/24TH JYAISHTA 1934
WP(C).No. 9199 of 2012 (Y)
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PETITIONER(S):
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1. K.V.AYISHA,
W/O.V.M.ABDUL WAHAB, VALIYATT HOUSE, CHEMMAD
TRIKKULAM AMSOM AND DESOM, TIRURANGADI TALUK.
2. O.P.ABDUL SALAM,
S/O.ALAVIKUTTY HAJI, OLAPILAKKAL HOUSE
MOONNIYOOR AMSOM, THIRURANGADI TALUK.
3. T.S.GEORGE, S/O.SAMUVEL,
THELATH HOUSE, TRIKKULAM AMSOM AND DESOM
TIRURANGADI TALUK.
4. P.RAFEEK, S/O.SAIDU MOHAMMED,
TRIKKULAM AMSOM AND DESOM, CHEMMAD
THIRURANGADI TALUK.
5. N.ABDUL RAHOOF, S/O.ABDULLAKOYA HAJI,
TIRURANGADI AMSOM AND DESOM, TIRURANGADI TALUK.
BY ADVS.SMT.SUMATHY DANDAPANI (SR.)
SMT.RENJINI RAJENDRAN
SRI.PRAVEEN K. JOY
RESPONDENT(S):
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1. STATE OF KERALA
REP. BY SECRETARY, LOCAL SELF GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 024.
2. DISTRICT COLLECTOR,
MALAPPURAM DISTRICT, MALAPPURAM-676 306.
3. DEPUTY DIRECTOR OF PANCHAYATH,
MALAPPURAM-676 306.
4. THE TIRURANGADI GRAMA PANCHAYATH,
TIRURANGADI, MALAPPURAM DISTRICT - 676 306
REP. BY ITS SECRETARY.
WP(C).No. 9199 of 2012
*ADDL. R5 IMPLEADED:
*ADDL. R5. BRIO TECHNICAL INSTITUTE
PANCHAYATH SHOPPING COMPLEX, THIRURANGADI (PO)
MALAPPURAM REPRESENTED BY ITS MANAGER.ADDL.
*ADDL.R5 IS IMPLEADED AS PER ORDER DATED 06/06/2012 IN IA
7463/2012.
R1 TO R3 BY GOVERNMENT PLEADER SMT.P.MAYA
R4 BY ADV.SRI.T.SETHUMADHAVAN
SRI.PUSHPARAJAN KODOTH
BY ADV.SRI.K.B.ARUNKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9199 of 2012
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: PHOTOSTAT COPY OF THE LICENSE AND DEPOSIT RECEIPT WITH NO.39
DATED 4.02.2012 FOR THE YEAR, 2012-13 OF THE 4TH RESPONDENT.
EXT.P2: PHOTOSTAT COPY OF LICENSE AND DEPOSIT RECEIPT WITH NO.36
DATED 4.02.2012 FOR THE YEAR, 2012-13 OF THE 4TH RESPONDENT.
EXT.P3: PHOTOSTAT COPY OF THE RECEIPT NO.3 DATED 03.03.2012 OF THE
4TH RESPONDENT.
EXT.P4: PHOTOSTAT COPY OF THE RECEIPT WITH NO.4 DATED 29.03.2012 OF
THE 4TH RESPONDENT.
EXT.P5: PHOTOSTAT COPY OF THE CERTIFICATE OF REGISTRATION DATED
07.06.2007.
EXT.P6: PHOTOSTAT COPY OF THE CERTIFICATE OF REGISTRATION DATED
30.05.2007.
EXT.P7: PHOTOSTAT COPY OF THE RECEIPT DATED 09.02.2012 OF THE
4TH RESPONDENT.
EXT.P8: PHOTOSTAT COPY OF THE RECEIPT DATED 16.03.2011 OF THE
4TH RESPONDENT.
EXT.P9: PHOTOSTAT COPY OF THE LICENSE OF MEDICAL SHOP DATED
05.04.2011 OF ASST. DRUGS CONTROLLER, KOZHIKODE.
EXT.P10: COPY OF THE RECEIPT DATED 18.05.2011 OF 4TH RESPONDENT.
EXT.P11: COPY OF THE CERTIFICATE OF REGISTRATION DATED 29.05.2007.
EXT.P12: COPY OF THE LETTER DATED 10.12.2009 OF THE 4TH RESPONDENT.
EXT.P13: COPY OF THE NOTICE DATED 06.03.2012 OF THE 4TH RESPONDENT.
EXT.P14: COPY OF THE NOTICE DATED 20.03.2012 UNDER SECTION 249 OF THE
PANCHAYAT RAJ ACT TO THE 4TH RESPONDENT.
EXT.P15: COPY OF THE PETITION U/S.191 OF PANCHAYATH ACT DATED
13.4.2012.
ADDL.EXT.P15: PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE 1ST
RESPONDENT DATED 3.04.2012.
EXT.P16: COPY OF THE INFORMATION APPLIED BY PETITIONER ON 15.5.2012
BEFORE THE 1ST RESPONDENT.
WP(C).No. 9199 of 2012
EXT.P17: COPY OF THE COMMUNICATION DATED 15.5.2012 OF THE 1ST
RESPONDENT.
EXT.P18: COPY OF THE PHOTOGRAPH OF THE VACANT LAND OF THE PANCHAYATH.
EXT.P19: COPY OF THE PAPER PUBLICATION IN DESHABHIMANI DAILY.
EXT.P20: PHOTOGRAPHS OF THE SHOPPING COMPLEX.
EXT.P21: COPY OF THE SITE PLAN OF EXISTING SHOPPING COMPLEX.
EXT.P22: COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT
DATED 1.5.2012.
EXT.P23: COPY OF THE LETTER DATED 1.6.2012 ISSUED BY THE 4TH
RESPONDENT.
EXT.P24: COPY OF THE DECISION DATED 5.3.2012 OF 4TH RESPONDENT
PANCHAYATH.
RESPONDENT'S EXHIBITS:
EXT.R4(a): COPY OF THE RENTAL AGREEMENT EXECUTED BETWEEN 4TH RESPONDENT
AND THE 1ST PETITIONER ON 1.4.2011.
EXT.R4(b): COPY OF INTIMATION DT.29.2.2012 RECEIVED FROM INKEL LIMITED,
WHICH IS A COMPANY OWNED BY THE GOVT. OF KERALA.
EXT.R4(c): COPY OF THE INTIMATION RECEIVED FROM INKEL LIMITED DATED
11.4.2012.
EXT.R4(d): COPY OF THE SHOW CAUSE NOTICE DT.20.4.2012 ISSUED BY ESTATE
OFFICER, TIRURANGADI GRAMA PANCHAYATH.
/TRUE COPY/
P.A. TO JUDGE
VPV
P.N.RAVINDRAN,J.
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W.P.(C)No.9199 of 2012
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Dated this the 14th day of June, 2012
JUDGMENT
The petitioners are lessees of a shopping complex belonging to the Tirurangadi Grama Panchayat. Lease deeds in their favour were renewed on 1.4.2011 for a period of one year ending with 31.3.2012. In the lease deeds, it was stipulated that the Tirurangadi Grama Panchayat has been selected under the PURA (Provision of Urban Amenities in Rural Areas) Scheme of the Government of India and that there is every chance of the building including the rooms leased out to the petitioners being demolished for constructing a rural hub. It was also stipulated that in that event nothing in the lease deed shall prevent the lessor from giving notice to the lessee to vacate the room within 30 days and the lessee shall be obliged to vacate the room within the said period without any claim for compensation.
2. Even before the lease deeds were executed on 1.4.2011, renewing the leases for a period of one year, the Tirurangadi Grama Panchayat that met on 10.2.2011 had resolved to demolish the existing shopping complex and to W.P.(C)No.9199 of 2012 2 construct a new building under the PURA Scheme at the site of the old building. It was thereafter that the lease deeds were renewed. While so, the committee of the Panchayat that met on 5.3.2012 resolved that the lease deeds need not be renewed after its expiry and for the purpose of putting up a new building under the PURA Scheme notice will be given to the lessees to vacate the building within 30 days. The committee of the Panchayat also resolved that if any one of the lessees does not vacate the building within 30 days, steps will be taken against him under the Kerala Public Buildings (Eviction of Unauthorized Occupants)Act, 1968. Pursuant thereto, Ext.P13 and similar notices dated 6.3.2012 was issued to each of the petitioners calling upon them to vacate the building within 30 days from the date of receipt of notice. The instant writ petition was thereupon filed challenging Ext.P13 notice and seeking the following reliefs:
"(i) To call for the records leading to issuance of Ext.P13 proceedings against the petitioners and to set aside the same, by issuing writ of certiorari.
(ii) To issue a writ order or direction in the nature of mandamus directing the respondent No.4 to stop the entire proceedings under Ext.P13 and grant reasonable time as provided under Section 249 of the Panchayat Raj Act to W.P.(C)No.9199 of 2012 3 proceed before the appropriate forum, in the interest of justice."
The Tirurangadi Grama Panchayat has filed a counter affidavit dated 19.5.2012 resisting the writ petition.
3. When the writ petition came up for hearing today, Sri.Praveen K.Joy, learned counsel appearing for the petitioners submitted that canvassing the correctness of resolution No.2 dated 5.3.2012 adopted by the Tirurangadi Grama Panchayat, the petitioners have filed Appeal No.402 of 2012 in the Tribunal for Local Self Government Institutions, that the said appeal has been received to file and in that appeal, by order passed on 13.6.2012 on I.A.No.797 of 2012, the Tribunal for Local Self Government Institutions has stayed resolution No.2 dated 5.3.2012. The learned counsel for the petitioners submitted that in such circumstances reserving liberty with the petitioners to prosecute Appeal No.402 of 2012 on the file of the Tribunal for Local Self Government Institutions, this writ petition may be dismissed as withdrawn. The learned counsel appearing for the respondents did not oppose the said request.
In such circumstances, the writ petition is dismissed as W.P.(C)No.9199 of 2012 4 withdrawn, leaving open the contentions of both sides and reserving liberty with the parties to put forward all their contentions in Appeal No.402 of 2012 on the file of the Tribunal for Local Self Government Institutions. The Tribunal for Local Self Government Institutions shall endeavour to dispose of the appeal with notice to both sides, expeditiously and in any event within an outer limit of two months from the date on which the Secretary of the Tirurangadi Grama Panchayat produces a certified copy of this judgment.
Sd/-
P.N.RAVINDRAN JUDGE /TRUE COPY/ P.A. To JUDGE vpv