IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.14 OF 2021(B)
PETITIONER/S:
LIBIN BABY, AGED 30 YEARS,
S/O. BABY, RESIDING AT VATTATHOTTIYIL HOUSE,
THOPRAMKUDI P.O., PIN-685 515.
BY ADV. SRI.M.NARENDRA KUMAR
RESPONDENT/S:
1 VATHIKUDI GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARIAT, VATHIKUDY,
IDUKKI DISTRICT, PIN-685 604.
2 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY, LOCAL SELF-GOVERNMENT INSTITUTION
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14/2021 2
JUDGMENT
Dated this the 5th day of January 2021 This writ petition is the continuation of the earlier writ petition filed by the petitioner. The matter is related to remission sought by the petitioner towards licence fee on account of COVID-19 situation in the State.
2. As per Ext.P9 judgment, this Court directed the Panchayat to consider the request for remission in terms of the Kerala Panchayat Raj (Granting of Remission To Contractors and Lessees) Rules, 1998. Pursuant to the direction, Ext.P10 was passed. The said order was passed by the Secretary of the Panchayat.
3. According to the learned Standing Counsel for the respondents, since the term of the Panchayat Committee was over, the Administrative Committee considered the petitioner's request and rejected the same. The Secretary is the only signatory to the impugned order. According to the learned Standing Counsel, the decision was taken by the Administrative Committee.
4. The matter involves a policy decision of the Panchayat Committee. As per the aforesaid Rules, the WP(C).No.14/2021 3 Panchayat Committee has to take a decision. Rule 5(3) of the aforesaid Rules clearly states that the Panchayat Committee shall take a decision within thirty days from the date of receipt of the application. This Court is of the prima facie view that the Administrative Committee in the office cannot take a decision involving the policy of the Panchayat. I am not examining the power of the Administrative Committee in this case. In view of the fact that the new Committee is in office, it is appropriate that the new Committee takes a decision in this matter. To pave way for reconsideration as above, the impugned order is set aside. The new Committee in the office shall take a decision within thirty days. The interim arrangement already made in Ext.P9 judgment will continue. The impugned order is set aside for the appropriate decision by the Panchayat Committee.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.14/2021 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPTS DATED 30.03.2020 (PERUNTHOTTI).
EXHIBIT P1A TRUE COPY OF THE RECEIPTS DATED 30.03.2020 (THOPRAMKUDI).
EXHIBIT P1B TRUE COPY OF THE RECEIPTS DATED 30.03.2020 (MURICKASSERRY).
EXHIBIT P2 TRUE COPY OF THE DECISION NO.1/202 ON 28.04.2020. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 11.05.2020. EXHIBIT P4 TRUE COPY OF THE DECISION NO.6 (8) DATED 09.06.2020 ORDINARY MEETING OF THE GENERAL COMMITTEE OF THE PANCHAYAT.
EXHIBIT P5 TRUE COPY OF THE NOTICE NO A3-1351/19 DATED 24.06.2020 ISSUED BY THE PANCHAYATH. EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DATED 02.07.2020.
EXHIBIT P7 THE TRUE COPY OF THE RECEIPT NO.A3 3246/20 DATED 02.07.2020 EVIDENCING THE RECEIPT OF EXT.06. EXHIBIT P8 THE TRUE COPY OF THE RECEIPTS DATED 07.08.2020 FOR PAYMENT OF LICENSE FEE FOR THE MUCKASSERRY. EXHIBIT P8A THE TRUE COPY OF THE RECEIPTS DATED 07.08.2020 FOR PAYMENT OF LICENSE FEE FOR THE PERUNTHOTTI. EXHIBIT P8B THE TRUE COPY OF THE RECEIPTS DATED 07.08.2020 FOR PAYMENT OF LICENSE FEE FOR THE PERUNTHOTTI. EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT DATED 04.11.2020 IN WPC NO.17328/2020 BEFORE THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P10 THE TRUE COPY OF THE ORDER NO.A3-5334/2020 DATED 09.12.2020.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE