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. 23537 OF 2009
PETITIONER:
K.P.KUMARAN, AGED 68, S/O. LATE PARAMU,
KOLLERITHARA HOUSE, MEKAD P.O., NEDUMBASSERY,
ERNAKULAM.
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-683 589.
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. 23537 OF 2009
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 23537 of 2009
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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 certiorari or any other appropriate writ order or direction calling for the records leading to Ext.P7 and quash the same.
(ii) to issue a writ of mandamus or any other appropriate writ order or direction directing the respondent to dispose Ext.P4 to P6.
(iii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to disburse the interest amount to petitioner forthwith.
(iv) to stay all recovery proceedings against the petitioner pursuant to Ext.P7."[SIC]
2. The petitioner already submitted Exts.P4 to P6 letters addressed to the Panchayath. This writ petition is pending before this Court from 2009 onwards. This writ petition can be disposed of directing the Panchayath to consider Exts.P4 to P6 within a time frame, after WP(C) NO. 23537 OF 2009 3 giving an opportunity of hearing to the petitioner.
Therefore, this writ petition is disposed of in the following manner:
i. Exts.P4 to P6 are directed to be disposed of by the Secretary to the respondent Panchayath, 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. 23537 OF 2009 4 APPENDIX OF W.P.(C) NO.23537/2009 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF AGREEMENT NO.17/2004-05 DATED 07.07.2004 EXECUTED BETWEEN PETITIONER AND RESPONDENT.
EXHIBIT P2 TRUE COPY OF RENT DEED DATED
06.03.2009 EXECUTED BETWEEN
PETITIONER AND RESPONDNET.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY
RESPONDENT DATED 23.03.2009. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 06.04.2009 WITH POSTAL RECEIPT. EXHIBIT P5 TRUE COPY OF LETTER DATED 02.06.2009 WITH POSTAL RECEIPT.
EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 06.07.2009. EXHIBIT P7 TRUE COPY OF LETTER DATED 06.06.2009 ISSUED BY RESPONDENT.
RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE