Shoukath Ali vs Kuttippuram Grama Panchayath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                         WP(C) NO. 4993 OF 2022
PETITIONER/S:

    1       SHOUKATH ALI,
            AGED 63 YEARS
            S/O. MOHAMMED ALIAS BAPPU HAJI, POTTARATH HOUSE,
            KUTTIPPURAM P.O., MALAPPURAM-679571.
    2       MOHAMMED ASHRAF,
            AGED 59 YEARS
            S/O. MOHAMMED ALIAS BAPPU HAJI, POTTARATH HOUSE,
            KUTTIPPURAM P.O., MALAPPURAM-679571.
            BY ADVS.
            K.R.VINOD
            K.S.SREEREKHA
            M.S.LETHA
            NABIL KHADER
            GEORGE ROY


RESPONDENT/S:

    1       KUTTIPPURAM GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY, OFFICE OF THE GRAMA
            PANCHAYATH, KUTTIPPURAM, MALAPPURAM-679571.
    2       THE SECRETARY,
            KUTTIPPURAM GRAMA PANCHAYATH, OFFICE OF THE GRAMA
            PANCHAYATH, KUTTIPPURAM, MALAPPURAM-679571.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4993 OF 2022               2



                                 JUDGMENT

Petitioners have approached this Court, challenging Ext.P6 proceedings through whith the petitioners' application for vacancy remission has been decided, according to the petitioners, without affording an opportunity of hearing to them.

The petitioners also challenge consequential demands which have been produced as Exts.P7 to P16.

2. Learned counsel appearing for the petitioners submits that the petitioners submitted Exts. P1, P3 and P4 requests for vacancy remission. It is also submitted that the petitioners had offered to pay the amount of tax which was actually due from the petitioners as can be seen from Ext.P5.

3. This writ petition was admitted on 15.02.2022 and an interim order as prayed for was granted on that date for three months. Notice was issued to the respondents with hearing date 04.03.2022. The Registry reports that, as on 15.06.2022, service is complete on respondent Nos.1 and 2. Even today, when the matter is taken up for consideration, there is no representation for the respondents.

4. Taking note of the submission of the learned counsel WP(C) NO. 4993 OF 2022 3 appearing for the petitioners and noticing that Ext.P6 does not show that any hearing was afforded to the petitioners, and in the absence of the respondents, I am constrained to set aside Ext.P6 and consequential demands namely, Exts.P7 to P16 and direct the 2nd respondent to consider the matter afresh, after affording an opportunity of hearing to the petitioner. It shall be done within a period of six weeks from the date of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.

sd/-

GOPINATH P.

JUDGE ajt WP(C) NO. 4993 OF 2022 4 APPENDIX OF WP(C) 4993/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT HEREIN, DATED 28/05/2020. Exhibit P2 THE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT ACKNOWLEDGING THE RECEIPT OF THE EXHIBIT P1 REPRESENTATION ON 09/06/2020. Exhibit P3 THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 17/06/2021.

Exhibit P4 THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 28/09/2021.

Exhibit P5 THE COPY OF THE CHEQUE ISSUED BY THE 1ST PETITIONER BEARING NO.443607, DATED 04/10/2021, DRAWN ON FEDERAL BANK, KUTTIPPURAM FOR RS.25,069/- IN FAVOUR OF THE 2ND RESPONDENT HEREIN.

Exhibit P6 THE COPY OF THE ORDER BEARING NO. A3-

6329/2021 ISSUED BY THE 2ND RESPONDENT DATED 07/10/2021.

Exhibit P7 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764C.

Exhibit P8 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764D.

Exhibit P9 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764F.

Exhibit P10 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J.

Exhibit P11 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J1.

Exhibit P12 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J2.

Exhibit P13 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J3.

Exhibit P14 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J4.

Exhibit P15 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J5.

Exhibit P16 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J6.