Haris vs State Of Kerala
2021 Latest Caselaw 4483 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                        WP(C).No.3047 OF 2021(E)


PETITIONER/S:

                HARIS,AGED 27 YEARS
                S/O.KUNJISOOPY, RESIDING AT PUTHENPURAL, KALLACHI
                P.O., KUTTIPURAM, NADAPURAM, VADAKARA TALUK,
                KOZHIKODE DISTRICT PIN 673 506

                BY ADV. SRI.J.R.PREM NAVAZ

RESPONDENT/S:

      1         STATE OF KERALA
                REP.BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
                GOVERNMENT, GOVERNMENT SECRETARIAT, STATUE,
                THIRUVANANTHAPURAM DISTRICT PIN 695 001.

      2         NADAPURAM GRAMA PANCHAYATH
                VADAKARA TALUK, KOZHIKODE TALUK, PIN 673 506, REP.BY
                ITS SECRETARY.

      3         THE SECRETARY
                NADAPURAM GRAMA PANCHAYATH, VADAKARA TALUK, KOZHIKODE
                TALUK, PIN 673 506


OTHER PRESENT:

                GP:SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3047 OF 2021(E)                 2




                                   JUDGMENT

On receipt of Ext.P1 demand for the arrears of auctioned amounts, the

petitioner has preferred Ext.P2 representation before the 3rd respondent seeking a

waiver of the amounts for which he had auctioned the market premises of the

respondent Panchayath. In the representation the petitioner cites the intervening

pandemic situation in the State as the reason for claiming abatement of the rates.

The limited prayer in the writ petition is for a direction to the 3 rd respondent

Panchayath to consider the representation and to keep in abeyance the recovery

proceedings pursuant to Ext.P1 notice, in the meanwhile.

2. Heard the learned counsel for the petitioner and also the learned

Government Pleader for the 1 st respondent. In the nature of the order that is

proposed to be passed, I deem it not necessary to hear the 2 nd and 3rd respondents.

On a consideration of the facts and circumstances of the case and the

submissions made across the Bar, I dispose the writ petition with a direction to the

3rd respondent to consider and pass orders on Ext.P2 representation preferred by

the petitioner within one month from the date of receipt of a copy of this

judgment, after hearing the petitioner. Recovery steps pursuant to Ext.P1

demand notice shall be kept in abeyance till such time as orders are passed by the

3rd respondent as directed and the order communicated to the petitioner. The

petitioner shall produce a copy of the writ petition together with a copy of this

judgment before the 3rd respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE NOTICE BEARING NO.A2-

756/21 DATED 20.1.2021

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(ORD) NO.1278/2020 LSGD DATED 29.6.2020