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. 38300 OF 2010
PETITIONERS:
1 P.M.JOSE, S/O.MATHAI, PADAYATTIL HOUSE,
ANGAMALY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
2 SUMESH PAUL, S/O. POULOSE
KIDANGETH HOUSE, CHENGAMANADU VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT.
3 M.J. JAISON, S/O. JOSEPH
MUNDADAN HOUSE, ANGAMALY VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT.
4 K.M. VARGHESE, S/O. MANI
KALAMPADAN VEETTIL, NEDUMBASSERI VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT.
5 P.K.KHALID, S/O. KOCHADIMA
PARELI HOUSE, CHENGAMANADU VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADV SRI.GEORGE JOHNSON
RESPONDENT:
NEDUMBASSERY GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, KARIYAD,
MEKKAD.P.O., PIN-686589.
BY ADV 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. 38300 OF 2010
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 38300 of 2010
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Dated this the 06th day of July, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Call for the records leading to the case;
(ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to give interest @ 9% per annum to the petitioners on their security deposits as agreed in Exts.P1 to P5;
(iii) Issue a Writ of Mandamus directing the respondent not to recover any amount/s by way of rent or other charges from the petitioners till the interest accumulated as per Exts.P1-P5 is adjusted towards rent;
(iv) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to provide forthwith the basic facilities such as water, light and sanitation in the public market at Athani so as to start business by the petitioners and other room allottees and till then stay all proceeding for recovery of rent arrears/ dispossession of rooms;
WP(C) NO. 38300 OF 2010 3
(v) Grant such other reliefs as this Honourable Court may deem fit;."[SIC]
2. This writ petition is pending before this Court from 2010 onwards. The petitioners are free to file a representation narrating their grievance raised in this writ petition before the respondent Panchayath and the respondent Panchayath can be directed to consider the same, within a time frame, after giving an opportunity of hearing to the petitioners.
Therefore, this writ petition is disposed of in the following manner:
i. The petitioners are free to submit a representation before the Secretary to the respondent Panchayath, within a period of four weeks from the date of receipt of a copy of this judgment.
ii. Once such a representation is received, the Secretary to the respondent Panchayath will consider the same and pass appropriate orders in it in accordance to law, as expeditiously as possible, at WP(C) NO. 38300 OF 2010 4 any rate, within a period of two months from the date of receipt of the representation.
iii. Before passing final order, an opportunity of hearing should be given to the petitioners.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 38300 OF 2010 5 APPENDIX OF W.P.(C) NO.38300/2010 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF AGREEMENT EXECUTED BY 1ST PETITIONER WITH THE PANCHAYATH.
EXHIBIT P2 TRUE COPY OF THE AGREEMENT EXECUTED
BY 2ND PETITIONER WITH THE
PANCHAYATH.
EXHIBIT P2(A) TRUE COPY OF THE AGREEMENT EXECUTED
BY 2ND PETITIONER WITH THE
PANCHAYATH.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT EXECUTED
BY 3RD PETITIONER WITH THE
PANCHAYATH.
EXHIBIT P4 TRUE COPY OF THE AGREEMENT EXECUTED
BY 4TH PETITIONER WITH THE
PANCHAYATH.
EXHIBIT P5 TRUE COPY OF THE AGREEMENT EXECUTED
BY 5TH PETITIONER WITH THE
PANCHAYATH.
EXHIBIT P6 TRUE COPY OF THE RENT DEED EXECUTED
BY/BETWEEN THE 1ST PETITIONER AND THE RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NEWS REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 16.12.2010.
RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE