Abdul Samad vs Mynagappally Grama Panchayath
2021 Latest Caselaw 15214 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                    WP(C) NO. 11176 OF 2021
PETITIONER:

         ABDUL SAMAD
         AGED 57 YEARS
         S/O.MYTHEEN KUNJU, MUKALUM PURATH VEEDU,
         EDAVANASSERY, MYNAGAPPALLY P.O.,
         KOLLAM, PIN-690 519.

         BY ADVS.
         SAIJO HASSAN
         SRI.BENOJ C AUGUSTIN
         SRI.RAFEEK. V.K.
         SRI.U.M.HASSAN
         SMT.P.PARVATHY
         SHRI.MANAS P HAMEED


RESPONDENTS:

    1    MYNAGAPPALLY GRAMA PANCHAYATH
         REPRESENTED BY ITS SECRETARY,
         MYNAGAPPALLY P.O., KOLLAM-690 519.
    2    THE SECRETARY, MYNAGAPPALLY GRAMA PANCHAYATH,
         MYNAGAPPALLY P.O., KOLLAM-690 519.
    3    SAJEEV,
         AMBANATTU HOUSE, VENGA P.O.,
         SASTHAMKOTTA, KOLLAM-690 521.

         R1&R2-BY ADV SHRI.SIJU KAMALASANAN, SC,
         MYNAGAPPALLY GRAMA PANCHAYAT
         R3-SRI.D.AJITH KUMAR

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 20.07.2021,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11176/2021
                                   :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 20th day of July, 2021

The petitioner states that he is the successful

bidder in the public auction conducted on 25.02.2021 by the

1st respondent-Panchayat for running authorised butcher shop

at Ambanattumukku. The case of the petitioner is that the 3rd

respondent is continuing to run a butcher shop in

Ambanattumukku without any permission from the Panchayat

and therefore the petitioner is not in a position to conduct his

butcher business.

2. When this writ petition came up for hearing today,

the learned Standing Counsel for the Panchayat submitted

that the 3rd respondent has no authority or permission to

conduct a butcher shop in Ambanattumukku and also a stop

memo has been issued to the 3rd respondent. WP(C) No.11176/2021

3. The counsel for the 3 rd respondent would submit

that he is not conducting any butcher shop in

Ambanattumukku and therefore there is no reason to pass

any orders in this writ petition.

4. Heard learned counsel for the petitioner, learned

Standing Counsel for respondents 1 and 2 and learned

counsel appearing for the 3rd respondent.

In view of the submission made by the 3 rd

respondent that he will not conduct any unauthorised butcher

shop in Ambanattumukku, this writ petition is disposed of

recording the said submission and directing respondents 1

and 2 that if the 3rd respondent or any other individual is

running butcher shop in Ambanattumukku without requisite

licences, prompt action shall be taken without any delay,

enabling the petitioner to enjoy the benefit of the public

auction conducted on 25.02.2021.

Sd/-

N. NAGARESH, JUDGE

aks/20.07.2021 WP(C) No.11176/2021

APPENDIX OF WP(C) 11176/2021

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE AUCTION NOTICE DATED 15.02.2021.

EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 26.02.2021 ISSUED BY THE 1ST RESPONDENT ACKNOWLEDGING THE PAYMENT OF BID AMOUNT BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 2ND RESPONDENT DATED 05.04.2021 ALONG WITH RECEIPT.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 05.04.2021 SUBMITTED TO THE PANCHAYATH COMMITTEE.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 16.04.2021 SUBMITTED TO THE CIRCLE INSPECTOR, SASTHAMCOTTA POLICE STATION.