K.A.Purushothaman vs The State Of Kerala
2021 Latest Caselaw 13905 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SATHISH NINAN
  TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                 WP(C) NO. 13361 OF 2021
PETITIONER/S:

         K.A.PURUSHOTHAMAN,AGED 78 YEARS, S/O. AYYAR
         K.A., KUTTIMATTATHIL HOUSE, GANDHI NAGAR, GANDHI
         NGAR P.O., PERUMBAIKADU VILLAGE, KOTTAYAM TALUK,
         KOTTAYAM DISTRICT-686008.
         BY ADV P.M.ZIRAJ
RESPONDENT/S:

    1    THE STATE OF KERALA,
         REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL
         SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF
         KERALA, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695001.
    2    THE DISTRICT COLLECTOR,
         KOTTAYAM, CIVIL TATION, KOTTAYAM DISTRICT-
         686008.
    3    ARPOOKKARA GRAMA PANCHAYATH.
         VILLUNNI P.O., ARPOOKARA, KOTTAYAM DISTRICT,
         PIN-686008, REPRESENTED BY ITS SECRETARY.
    4    THE SECRETARY,
         ARPOOKKARA GRAMA PANCHAYATH, VILLUNNI P.O.,
         ARPOOKARA, KOTTAYAM DISTRICT-686008.
    5    KOTTAYAM MUNICIPALITY,
         KOTTAYAM MUNICIPAL OFFICE, KOTTAYAM-686001,
         REPRESENTED BY ITS SECRETARY.
    6    THE SECRETARY,
         KOTTAYAM MUNICIPALITY, KOTTAYAM MUNICIPAL
         OFFICE, KOTTAYAM-686001.


         ADV.SRI.BLAZE K. JOSE, SC, ARPOOKARA GRAMA
         PANCHAYATH
         GP SRI.PAUL ABRAHAM VAKKANAL


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.13361 of 2021

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                              JUDGMENT

Dated this the 06th day of July, 2021

Petitioner claims to be the owner and occupier of

a shop room bearing No. 13/106 situated in Karimattam

Purambokku. According to the petitioner, he has been

doing business in the said shop room for the past 62

years. The adjoining shop owners, who were also

occupying the road purambokku, were rehabilitated by

the Panchayath. The petitioner claims that he is also

similarly placed and the same treatment is to be given

to him also. He contends that when the adjoining shop

owners had approached this Court seeking

rehabilitation, due to financial constraints he was

unable to join them. He seeks for the same benefit

that was granted to them.

W.P.(C)No.13361 of 2021

-: 3 :-

2. Voicing the grievance as above, the petitioner

has submitted Ext P14 representation before the

Panchayath. It is for the Panchayath to look into the

same and pass appropriate orders.

Accordingly, without expressing anything on

merits, the Writ Petition is disposed of directing the

4th respondent to consider Ext P14 representation and

pass appropriate orders, after affording an

opportunity of hearing to the petitioner. Let a

decision be taken within a period of two months from

the date of receipt of a copy of this judgment.

                                  Sd/-        Sathish Ninan, Judge

vdv
 W.P.(C)No.13361 of 2021

                          -:   4   :-


                 APPENDIX OF WP(C) 13361/2021

PETITIONER ANNEXURE
Exhibit P1         TRUE COPY OF THE NOTICE ISSUED BY THE

KUMARANELLOOR PANCHAYATH DATED 01/04/1990 TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 30/06/1999 ISSUED BY THE KUMARANELLOOR GRAMA PANCHAYATH TO THE PETITIONER REGARDING HIS SHOP ROOM. Exhibit P11 TRUE COPY OF THE ROUGH SKETCH PREPARED BY THE ADVOCATE COMMISSIONER IN OS NO.150/1999 WITHOUT DATE.

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 02/01/2006 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE COMMUNICATION DATED 13/02/2021 ISSUED BY THE SIXTH RESPONDENT TO THE PETITIONER.

Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 24/05/2021 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT WITH COPY OF THE SECOND RESPONDENT.

Exhibit P3 TRUE COPY OF THE RECEIPT DATED 25/05/2000 ISSUED BY THE SECRETARY, KUMARANELLOOR GRAMA PANCHAYATH. Exhibit P4 TRUE COPY OF THE TAX RECEIPT DATED 07/03/2011 ISSUED BY THE KOTTAYAM MUNICIPALITY TO THE PETITIONER. Exhibit P5 TRUE COPY OF THE TAX RECEIPT DATED 23/03/2013 ISSUED BY THE KOTTAYAM MUNICIPALITY TO THE PETITIONER. Exhibit P6 TRUE COPY OF THE TAX RECEIPT DATED 31/03/2014 ISSUED BY THE KOTTAYAM MUNICIPALITY TO THE PETITIONER. Exhibit P7 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER BY SECRETARY, KUMARANELLOOR GRAMA PANCHAYATH DATED 15/01/1993.

W.P.(C)No.13361 of 2021

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Exhibit P8 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 03/05/1999 ISSUED BY THE SECRETARY, KUMARANELLOOR GRAMA PANCHAYATH.

Exhibit P9 TRUE COPY OF THE LICENSE DATED 25/05/2000 ISSUED BY THE SECRETARY, KUMARANELLOOR GRAMA PANCHAYATH. Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE EXECUTION KACHEET TRUE COPY OF THE TAX RECEIPT DATED 07/03/2011 ISSUED BY THE KOTTAYAM MUNICIPALITY TO THE PETITIONER. PREPARED BY THE AMEEN OF MUNSIFF COURT, ETTUMANOOR DATED 07/11/2005 IN E.P. NO.53/2002 IN OS NO.150/1999.