K.M.Raveendran vs Nedumbassery Grama Panchayath

Citation : 2022 Latest Caselaw 8537 Ker
Judgement Date : 6 July, 2022

Kerala High Court
K.M.Raveendran vs Nedumbassery Grama Panchayath on 6 July, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         WP(C) NO. 147 OF 2010
PETITIONER:

          K.M.RAVEENDRAN, AGED 65,
          S/O. K.P.MADHAVAN,
          KOLOTHARA HOUSE,
          NEDUMBASSERY, ATHANI P.O.
          BY ADVS.
          SRI.P.V.GEORGE(PUTHIYIDAM)
          SRI.SURESH K.SREEDHAR ATHANI


RESPONDENT:

          NEDUMBASSERY GRAMA PANCHAYATH
          (SPECIAL GRADE), REPRESENTED BY SECRETARY,
          KARIYAD, MEKAD P.O., ERNAKULAM.
          BY ADVS.
          SRI.ANOOP ELIAS
          SRI.GEORGE SEBASTIAN



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 147 OF 2010
                                  2


                   P.V.KUNHIKRISHNAN, J.
                  ------------------------------
                   W.P.(C).No. 147 of 2010
          ----------------------------------------------
            Dated this the 06th day of July, 2022


                          JUDGMENT

The above writ petition is filed with the following prayers:

"(i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to dispose Ext.P3.
(ii) to issue a writ of mandamus or any other appropriate order or direction directing the respondent to disburse the amount to petitioner as agreed in Ext.P1 agreement.
(iii) to direct the respondent to adjust the monthly rent out of the interest.
(iv) to direct the respondent to pay cost of petitioner.

(v) to grant such other reliefs that may deem fit and proper in the facts and circumstances of the case."[SIC]

2. The petitioner already submitted Ext.P3 lawyer notice. That can be treated as a representation and there can be a direction to the respondent Panchayath to WP(C) NO. 147 OF 2010 3 consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner.

Therefore, this writ petition is disposed of in the following manner:

i. The Secretary to the respondent Panchayath is directed to consider Ext.P3 and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
ii. Before passing final order, an opportunity of hearing should be given to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 147 OF 2010 4 APPENDIX OF W.P.(C) NO.147/2010 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF AGREEMENT NO.19/2004-

2005 DATED 08.07.2004 EXECUTED BETWEEN PETITIONER AND RESPONDENT. EXHIBIT P2 TRUE COPY OF RENT DEED DATED 13.03.2009 EXECUTED BETWEEN PETITIONER AND RESPONDNET. EXHIBIT P3 TRUE COPY OF DEMAND NOTICE DATED 30.11.2009.

EXHIBIT P4 TRUE COPY OF POSTAL ACKNOWLEDGEMENT CARD.

RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE