Wilson vs Kadampanadu Gramapanchayath
2021 Latest Caselaw 2926 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                        WP(C).No.2092 OF 2021(J)


PETITIONER/S:

                WILSON
                AGED 50 YEARS
                S/O. ANTONY, LOURD VILASOM, KAITHAKODU P.O,
                PAVITHRESWARAM VILLAGE, KOTTARAKARA TALUK, KOLLAM
                DISTRICT.

                BY ADVS.
                SRI.K.V.ANIL KUMAR
                SRI.C.S.SUNIL CHANDRAN

RESPONDENT/S:

      1         KADAMPANADU GRAMAPANCHAYATH
                REPRESENTED BY ITS SECRETARY, KADAMPANADU SOUTH P.O,
                PATHANAMTHITTA DISTRICT, PIN-691 553.

      2         THE SECRETARY ,
                KADAMPANADU GRAMAPANCHAYATH, KADAMPANADU SOUTH P.O,
                PATHANAMTHITTA DISTRICT, PIN-691 553


OTHER PRESENT:

                SRI. PAUL ABRAHAM VAKKANAL GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2092 OF 2021(J)
                                        2

                                    JUDGMENT

The petitioner, who is faced with Ext. P2 demand notice for a

license fee from the respondent Panchayath, submits that he has preferred

Ext.P1 representation before the 2 nd respondent seeking a wavier of the fee,

taking note of the pandemic situation that was prevailing in the State. The

limited prayer in the writ petition is for a direction to the 2 nd respondent to

consider and pass orders on Ext.P1 representation and to keep in abeyance

the recovery proceedings, pursuant to Ext.P2 demand notice, in the

meanwhile.

2.I have heard the learned counsel appearing for the petitioner and

also the learned Government Pleader appearing for the respondents.

In the nature of the order that I propose to pass, I do not deem it

necessary to hear the respondents. The writ petition is disposed by directing

the 2nd respondent Panchayath to consider and pass orders on Ext.P1

representation preferred by the petitioner, within a period of one month from

the date of receipt of a copy of this judgment, after hearing the petitioner. It

is made clear that till such time as orders are passed on the representation

as directed and the order communicated to the petitioner, the recovery steps

for recovery of amounts demanded from the petitioner under Ext.P2 demand

notice, shall be kept in abeyance. The petitioner shall produce a copy of the

writ petition together with a copy of this judgment, before the 2 nd

respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.2092 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE REQUEST DATED 24.09.2020 BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 10.01.2021 ISSUED BY THE 2ND RESPONDENT.