John Clintus vs Munnar Grama Panchayath
2021 Latest Caselaw 1765 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                      WP(C).No.40604 OF 2016(A)


PETITIONERS:

      1        JOHN CLINTUS
               AGED 50 YEARS
               D.J.COTTAGE,IKKANAGAR, MUNNAR,IDUKKI DISTRICT.

      2        BABU JOHN
               CHOORAKKAD,IKKANAGAR, MUNNAR,IDUKKI DISTRICT.

      3        JOHN S.EDWIN
               CHILD LINE,VSSS BUILDING, MUNNAR,IDUKKI DISTRICT.

               BY ADVS.
               SRI.BRIJESH MOHAN
               SMT.RESMI G. NAIR

RESPONDENTS:

      1        MUNNAR GRAMA PANCHAYATH
               MUNNAR P.O., IDUKKI-685 612. REPRESENTED BY ITS
               SECRETARY.

      2        THE SECRETARY
               MUNNAR GRAMA PANCHAYATH, MUNNAR P.O., IDUKKI-685 612.

      3        SRI.T.R.THOMAS
               MGP XIX/608(OLD MGP X/686), MUNNAR,
               IDUKKI DISTRICT-685 612.

               R1 TO R2 BY ADV. SRI. ARUN THOMAS, SC, MUNNAR
               GRAMAPANCHAYATH
               R3 BY ADV. SRI.N.M.VARGHESE




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2021, ALONG WITH WP(C).714/2017(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.40604 of 2016
& 714 of 2017
                                  2

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

    MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                       WP(C).No.714 OF 2017(L)


PETITIONER:

               T.R.THOMAS
               S/O. RAPHAEL, AGED 51 YEARS, THAMARASSERY HOUSE,
               GRAHAMS LAND ROAD, MUNNAR P.O, PROPRIETOR, 'MUNNAR
               CHICKEN', MUNNAR, PIN- 685612

               BY ADV. SRI.N.M.VARGHESE

RESPONDENTS:

       1       THE MUNNAR GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
               MUNNAR P.O, PIN - 685612

       2       THE SECRETARY
               MUNNAR GRAMA PANCHAYATH, PANCHAYATH OFFICE, MUNNAR
               P.O, PIN - 685612

       3       THE HEALTH INSPECTOR
               PRIMARY HEALTH CENTRE, DEVIKULAM, PIN - 685613

       4       THE SENIOR ENVIRONMENTAL OFFICER
               KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
               OFFICE, IDUKKI - 685 602.

       5       STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF LOCAL SELF GOVERNMENTS, SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

       6       JOHN CLINTUS
               S/O. S.A. DAS, AGED 50 YEARS,D.J. COTTAGE, IKKA
               NAGAR, MUNNAR, PIN - 685613

               ADV. SRI.ARUN THOMAS, SC, MUNNAR GRAMAPANCHAYATH
               SRI. SANTHOSH MATHEW
 WP(C).Nos.40604 of 2016
& 714 of 2017
                               3

             ADV. SRI. T.NAVEEN , SC, KERALA STATE POLLUTION
             CONTROL BOARD
             SRI.BRIJESH MOHAN
             SMT.RESMI G. NAIR



          THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.01.2021, ALONG WITH WP(C).40604/2016(A), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.40604 of 2016
& 714 of 2017
                                         4

                                   JUDGMENT

Dated this the 18th day of January 2021

W.P.(C)No.40604 of 2016 was filed by one John Clintus and others

complaining against the conduct of a chicken stall by the petitioner in

W.P.(C)No.714 of 2017. In W.P. (C) No.40604 of 2016 an interim order

was passed on 20.12.2016, which reads as follows:

"Admit.

Sri. Arun Thomas, learned Standing Counsel appears for R1 and R2.

Issue notice to R3.

The 2nd respondent shall verify whether the 3 rd respondent's activities are carried on with proper permit and license and if not the same shall be stopped forthwith, if necessary with police help"

2. It is submitted that pursuant to the said interim order, the

chicken stall which was being operated by the petitioner in W.P. (C)

No.714 of 2017 was closed down by the Panchayat Authorities. In W.P.

(C)No.714 of 2017 an interim order was passed on 09.01.2017

directing as follows:

"Admit.

Learned Standing Counsel takes notice for respondents 1 and 2. Government Pleader takes notice for respondents 3 and 5. Learned Standing Counsel takes notice for the 4th respondent. Notice by speed post to 6th respondent.

Post after a month for the counter affidavit of the respondents.

WP(C).Nos.40604 of 2016 & 714 of 2017

In the meanwhile, the 2nd respondent shall open and hand over the keys of the premises of the petitioner, which is stated to have been locked by the said respondent, for the limited purposes of the petitioner entering the said premises for carrying out the repair activities, so as to enable the petitioner to seek a license for conduct of his business. It is made clear that, pending further orders from this Court, the petitioner shall

not carry out any business in the premises."

3. Following the order dated 09.01.2017 in W.P.(C)No.714 of

2017, the Panchayat Secretary handed over the keys of the premises

in question to the petitioner in W.P.(C)No.714 of 2017. However, it is

submitted by the learned counsel for the petitioner in W.P.(C) No.714

of 2017 that the land lady from whom he had taken the premises on

rent forcibly took away the key from him and took possession of the

premises in question. It appears that thereafter the land lady herself

started a chicken stall in the premises regarding which also there was

a complaint raised by one Lakshmana Prakash through W.P.

(C)No.38432 of 2017 and that writ petition was disposed of with a

direction to the Panchayat not to permit any operation of the chicken

stall then being operated by one Ammini George, the land lady, until

she obtains a proper license in that regard from the Panchayat. The

Panchayat on a consideration of the matter appears to have

subsequently issued a license to the said Ammini George. The

petitioner in W.P.(C) No.714 of 2017 thereupon preferred an appeal

before the Panchayat Committee challenging the decision of the WP(C).Nos.40604 of 2016 & 714 of 2017

Secretary to issue the licence and that appeal has been directed to be

disposed of by this Court through judgment dated 21.06.2018 in W.P.

(C) No.18963 of 2018.

4. The facts being as above, I do not think that there is

anything surviving for consideration in these writ petitions. If the

petitioner in W.P.(C)No.714 of 2017 is aggrieved by the alleged forcible

repossession of the premises by his land lady (Ammini George), it is

for him to obtain necessary relief by approaching the Civil Court. The

petitioner is also free to pursue his remedies against the grant of

license to the aforesaid Ammini George, if he is so advised. The

learned counsel for the petitioner also submits that he has filed a

contempt of court case alleging noncompliance of the directions

contained in the judgment of this Court in W.P. (C) No.18963 of 2018.

It is obvious that no observation in this judgment will affect the rights

of the petitioner to prosecute the contempt of court case.

With the above observations, these writ petitions are closed.

Sd/-

GOPINATH P.

JUDGE DK WP(C).Nos.40604 of 2016 & 714 of 2017

APPENDIX OF WP(C) 40604/2016 PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 19.11.2016 SUBMITTED BY THE PETITIONERS AND 17 OTHERS BEFORE THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE QUESTIONNAIRE DATED 26.11.2016 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE REPLY DATED 1.12.2016 GIVEN BY THE 2ND RESPONDENT TO THE 1ST PETITIONER

RESPONDENTS' EXHIBITS:

EXHIBIT R3(a) PHTOCOPY OF INTERIM ORDER PASSED BY THE MUNNAR SPECIAL TRIBUNAL IN FAVOUR OF R-3, IN I.A.NO.433/2014 IN M.T.O.P.NO.481 OF

EXHIBIT R3(b) PHOTOCOPY OF JUDGMENT IN W.P.

(C)NO.29112/2009 H PASSED BY THIS HON'BLE COURT ON 22.10.2009.

EXHIBIT R3(c) PHOTOCOPY OF COMMUNICATION DATED 23.11.2016 SERVED AT MY BUSINESS PREMISES ON 20.12.2016.

EXHIBIT R3(d) PHOTOCOPY OF COMMUNICATION DATED 22.12.2016 SUBMITTED IN THE NAME OF THE PETITIONERS IN THE WRIT PETITION, BY THE LANDLORD.

EXHIBIT R3(e) PHOTOCOPY OF TREASURY RECEIPT DATED

EXHIBIT R3(f) PHOTOGRAPH SHOWING THE TWO CHICKEN STALLS. WP(C).Nos.40604 of 2016 & 714 of 2017

APPENDIX OF WP(C) 714/2017 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A PHOTOCOPY OF ORDER DATED 12.11.2014 PASSED BY THE MUNNAR SPECIAL TRIBUNAL, MUNNAR INN I.A. NO. 433/2014 IN M.T. (O.P) NO. 481/2014 PASSED IN FAVOUR OF THE PETITIONER

EXHIBIT P2 A PHOTOCOPY OF THE COMPLAINT DATED 19.11.2016 SUBMITTED BY THE 6TH RESPONDENT AND OTHERS BEFORE THE RESPONDENT PANCHAYATH

EXHIBIT P3 PHOTOGRAPH SHOWING THE PREMISES RELATED TO THE ISSUE

EXHIBIT P4 A PHOTOCOPY OF THE COMMUNICATION NO.A3/6712/2016 DATED 23.11.2016 SERVED ON THE PETITIONER ON 26.11.2016

EXHIBIT P5 A PHOTOCOPY OF THE CHALAN RECEIPT DATED 13.08.2016

EXHIBIT P6 A PHOTOCOPY OF THE APPLICATION DATED 26.11.2016 MADE BY THE 6TH RESPONDENT BEFORE THE RESPONDENT PANCHAYATH.

EXHIBIT P7 A PHOTOCOPY OF THE COMMUNICATION NO.A3/6855/2016 DATED 01.12.2016 ISSUED BY THE RESPONDENT PANCHAYATH.

EXHIBIT P8 A PHOTOCOPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.40604/2016 DATED 20.12.2016

EXHIBIT P9 A PHOTOCOPY OF THE COVERING LETTER OF THE 6TH RESPONDENT SUBMITTED BEFORE THE RESPONDENT PANCHAYATH ON 22.12.2016

EXHIBIT P10 A PHOTOGRAPH SHOWING ANOTHER CHICKEN STALL BY NAME AND STYLE INDIAN CHICKEN CENTRE NEARER TO THAT OF THE PETITIONER WP(C).Nos.40604 of 2016 & 714 of 2017

EXHIBIT P10(A) A PHOTOCOPY OF THE COMMUNICATION NO.A3-

7304/17 DATED 04.11.2017 ISSUED BY THE 2ND RESPONDENT SECRETARY TO THE RESPONDENT PANCHAYATH

EXHIBIT P11 A PHOTOCOPY OF THE INTEGRATED CONSENT NO.PCB/IDK/ICO-R1/29/2016 DATED 11.01.2016 ISSUED TO THE FIRM OF THE PETITIONER VALID UP TO 30.06.2018

EXHIBIT P12 A PHOTOCOPY OF THE COMMUNICATION NO.A3-

3273/16 ISSUED BY THE 2ND RESPONDENT SECRETARY TO THE PANCHAYATH IN THE NAME OF THE PETITIONER

EXHIBIT P13 A PHOTOCOPY OF THE COMPLAINT DATED 01.03.2015 SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE GOVERNMENT

EXHIBIT P14 A PHOTOCOPY OF THE COMMUNICATION NO.C4-

8098/15 DATED 28.03.2015

EXHIBIT P15 A PHOTOCOPY OF THE COMMUNICATION NO. A3-

626/15 DATED 03.03.2015 ISSUED BY THE SECRETARY TO THE RESPONDENT PANCHAYATH.

EXHIBIT P16 A PHOTOCOPY OF THE RECEIPT NO.1149/13 DATED 04.03.2013 ISSUED FROM THE OFFICE OF THE RESPONDENT PANCHAYATH ON SUBMITTING APPLICATION FOR RENEWAL OF LICENSE BY THE PETITIONER.