Libin Baby vs Vathikudi Grama Panchayat
2021 Latest Caselaw 220 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                         WP(C).No.14 OF 2021(B)


PETITIONER/S:

                LIBIN BABY, AGED 30 YEARS,
                S/O. BABY, RESIDING AT VATTATHOTTIYIL HOUSE,
                THOPRAMKUDI P.O., PIN-685 515.

                BY ADV. SRI.M.NARENDRA KUMAR


RESPONDENT/S:

      1         VATHIKUDI GRAMA PANCHAYAT,
                REPRESENTED BY ITS SECRETARIAT, VATHIKUDY,
                IDUKKI DISTRICT, PIN-685 604.

      2         STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
                SECRETARY, LOCAL SELF-GOVERNMENT INSTITUTION
                DEPARTMENT, SECRETARIAT,
                THIRUVANANTHAPURAM-695 001.


                BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14/2021                      2




                                 JUDGMENT

Dated this the 5th day of January 2021

This writ petition is the continuation of the earlier

writ petition filed by the petitioner. The matter is

related to remission sought by the petitioner towards

licence fee on account of COVID-19 situation in the State.

2. As per Ext.P9 judgment, this Court directed the

Panchayat to consider the request for remission in terms of

the Kerala Panchayat Raj (Granting of Remission To

Contractors and Lessees) Rules, 1998. Pursuant to the

direction, Ext.P10 was passed. The said order was passed by

the Secretary of the Panchayat.

3. According to the learned Standing Counsel for the

respondents, since the term of the Panchayat Committee was

over, the Administrative Committee considered the

petitioner's request and rejected the same. The Secretary

is the only signatory to the impugned order. According to

the learned Standing Counsel, the decision was taken by the

Administrative Committee.

4. The matter involves a policy decision of the

Panchayat Committee. As per the aforesaid Rules, the

Panchayat Committee has to take a decision. Rule 5(3) of

the aforesaid Rules clearly states that the Panchayat

Committee shall take a decision within thirty days from the

date of receipt of the application. This Court is of the

prima facie view that the Administrative Committee in the

office cannot take a decision involving the policy of the

Panchayat. I am not examining the power of the

Administrative Committee in this case. In view of the fact

that the new Committee is in office, it is appropriate that

the new Committee takes a decision in this matter. To pave

way for reconsideration as above, the impugned order is set

aside. The new Committee in the office shall take a

decision within thirty days. The interim arrangement

already made in Ext.P9 judgment will continue. The

impugned order is set aside for the appropriate decision by

the Panchayat Committee.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPTS DATED 30.03.2020 (PERUNTHOTTI).

EXHIBIT P1A TRUE COPY OF THE RECEIPTS DATED 30.03.2020 (THOPRAMKUDI).

EXHIBIT P1B TRUE COPY OF THE RECEIPTS DATED 30.03.2020 (MURICKASSERRY).

EXHIBIT P2 TRUE COPY OF THE DECISION NO.1/202 ON 28.04.2020.

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 11.05.2020.

EXHIBIT P4 TRUE COPY OF THE DECISION NO.6 (8) DATED 09.06.2020 ORDINARY MEETING OF THE GENERAL COMMITTEE OF THE PANCHAYAT.

EXHIBIT P5 TRUE COPY OF THE NOTICE NO A3-1351/19 DATED 24.06.2020 ISSUED BY THE PANCHAYATH.

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DATED 02.07.2020.

EXHIBIT P7 THE TRUE COPY OF THE RECEIPT NO.A3 3246/20 DATED 02.07.2020 EVIDENCING THE RECEIPT OF EXT.06.

EXHIBIT P8 THE TRUE COPY OF THE RECEIPTS DATED 07.08.2020 FOR PAYMENT OF LICENSE FEE FOR THE MUCKASSERRY.

EXHIBIT P8A THE TRUE COPY OF THE RECEIPTS DATED 07.08.2020 FOR PAYMENT OF LICENSE FEE FOR THE PERUNTHOTTI.

EXHIBIT P8B THE TRUE COPY OF THE RECEIPTS DATED 07.08.2020 FOR PAYMENT OF LICENSE FEE FOR THE PERUNTHOTTI.

EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT DATED 04.11.2020 IN WPC NO.17328/2020 BEFORE THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P10 THE TRUE COPY OF THE ORDER NO.A3-5334/2020 DATED 09.12.2020.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE