IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 25753 OF 2021
PETITIONER:
ANSARI
AGED 36 YEARS
S/O. SHAHUL HAMEED, RESIDING AT BLOCK NO. 342,
THOOKKUPALAM, KOLLAR P.O, IDUKKI 685 552
BY ADVS.SRI.M.NARENDRA KUMAR
SRI.HARSHADEV.M
SRI.P.S.SANDHEEP KRISHNAN
RESPONDENT:
KARUNAPURAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, OFFICE OF THE GRAMA
PANCHAYAT, KOOTTAR P.O, IDUKKI DISTRICT PIN 685 552
(E-MAIL [email protected], COM)
SMT.V.H.JASMINE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25753 OF 2021
2
JUDGMENT
This writ petition is filed with the following prayers:
i) Issue a writ of certiorari or other appropriate, writ, order or direction calling for the records leading to Exhibits-1 and P4 and quash the same as illegal
2. The petitioner is conducting a meat stall in his own building bearing No.1/162 of Karunapuram Grama Panchayat after obtaining requisite license from the Grama Panchayat for the period 2021-2022. Petitioner is aggrieved by Ext.P4 notice dated 01.11.2021 issued by the respondent Panchayat directing the petitioner to deposit the balance amount of Rs.1,65,000/- towards the fee due to the Panchayat pursuant to the auction conducted by them in respect of the meat stall for the period 2021-2022. The respondent Panchayat conducted auction of meat stalls on 03.03.2021 as per Ext.P1 notice. The auction as per Ext.P1 was conducted in respect of seventeen places and the petitioner is concerned only with the auction conducted in Thookupalam.
3. According to the petitioner, the respondent Panchayat has no authority to conduct auction in regard to the conduct of WP(C) NO. 25753 OF 2021 3 meat stall under the Panchayat wherein the Panchayat does not own any stalls or public market. The petitioner relies the judgment of this Court in Cheriyan John v. Mundakayam Panchayat [1991 (2) KLT 698] and Peter v. Perayam Panchayat [1996 (1) KLT 362]. The petitioner submitted Ext.P5 representation to the Panchayat narrating his grievance. In the light of the submission of Ext.P5 this writ petition itself can be disposed of directing the Panchayat to consider Ext.P5 and till then, all further proceedings consequent Ext.P4 can be deferred. The applicability on the decision of this Court also will be considered by the Panchayat while considering Ext.P5 representation. Therefore, this writ petition is disposed of with the following directions.
1. The respondent is directed to consider and pass appropriate orders in Ext.P5 as expeditiously as possible within one month from the date of receipt of the copy of this judgment.
2. Before passing final orders, the 1 st respondent will give an opportunity of hearing to the petitioner.
3. The respondent will also consider the applicability of WP(C) NO. 25753 OF 2021 4 the judgment of this Court in Cheriyan John v. Mundakayam Panchayat [1991 (2) KLT 698] and Peter v. Perayam Panchayat [1996 (1) KLT 362] while considering Ext.P5 representation.
Sd/-
P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 25753 OF 2021 5 APPENDIX OF WP(C) 25753/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AUCTION NOTICE DATED 23-
02-2021 PUBLISHED BY THE RESPONDENT PANCHAYAT Exhibit P2 TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT OF THE AMOUNT RS. 1,70,000/-
DATED 30-03-2021 FROM THE PANCHAYAT Exhibit P2A TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT OF THE AMOUNT RS. 50,000/- DATED 31-03-2021 FROM THE PANCHAYAT Exhibit P2B TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT OF THE AMOUNT RS. 1,00,000/-
DATED 22-09-2021 FROM THE PANCHAYAT Exhibit P3 TRUE COPY OF THE NO OBJECTION CERTIFICATE BEARING NO. 41/21 DATED 28-04-2021 ISSUED BY HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE, KARUNAPURAM.
Exhibit P4 TRUE COPY OF THE NOTICE NO A3 1985/19 DATED 01-11-2021 ISSUED BY THE PANCHAYAT TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE OBJECTION DATED 09-11-
2021 FILED BY THE PETITIONER TO EXT P4 Exhibit P5A TRUE COPY OF THE RECEIPT EVIDENCING THE RECEIPT OF EXHIBIT P5 OBJECTION