Shaju K L vs Vamanapuram Panchayath
2021 Latest Caselaw 22621 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO.25878 OF 2021
PETITIONER :-

             SHAJU K L. AGED 50 YEARS
             S/O.LONAPPAN, KANNAMPALLY HOUSE, PERAMBRA.P.O,
             CHALAKKUDY, THRISSUR-680 689, REPRESENTED BY
             POWER OF ATTORNEY HOLDER, JUSTIN JACOB.K,
             S/O.JACOB, AGED 45, KALLIYATHPARAMBIL HOUSE,
             PERAMBRA.P.O, THRISSUR-680 689.

             BY ADV LIJU. M.P


RESPONDENTS :-

     1     VAMANAPURAM PANCHAYATH
           VAMANAPURAM PANCHAYAT OFFICE,
           VAMANAPURAM.P.O, THIRUVANANTHAPURAM-695 606,
           REPRESENTED BY ITS SECRETARY.

     2     THE SECRETARY,
           THE VAMANAPURAM GRAMA PANCHAYAT AT VAMANAPURAM
           PANCHAYAT OFFICE, VAMANAPURAM.P.O,
           THIRUVANANTHAPURAM-695 606.

     3     MAHILAKUMARI, AGED 34 YEARS
           W/O.PARAVEEN, VISHNU BHAVAN, KOTTAYILKADU,
           KILIMANOOR.P.O, MITHRIMALA,
           THIRUVANANTHAPURAM-695 601.

     4     SUDARSANAN.S,
           (AGE AND FATHER'S NAME NOT KNOWN TO PETITIONER),
           'MALOOTTY', KUTTIMOODU, PULIMATH VILLAGE,
           KALLARA.P.O, THIRUVANANTHAPURAM-695 608.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.11.2021,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.25878 OF 2021

                                      -: 2 :-


                                JUDGMENT

Dated this the 19th day of November, 2021

This writ petition is filed seeking the following reliefs :-

"(i) Issue writ of mandamus or any other appropriate writ or order or direction, directing the respondent Nos.1 and 2 not to issue licence to respondent No.4 to conduct any business or institutions in the shop rooms situated in Sy.No.1126/3/4 of Vamanapuram Village, which is mentioned in Ext.P3 and P4 orders.

(ii) Issue writ of mandamus or any other appropriate writ or order or direction, directing respondent No.1 and 2 to consider and dispose of Ext.P5 after hearing the petitioner also, within a time limit and keep all proceedings in abeyance to issue licence to the respondent No.4 to conduct any business or institutions in the shop rooms situated in Sy.No.1126/3/4 of Vamanapuram village, which is mentioned in Ext.P3 and P4 orders till then."

2. Heard the learned counsel for the petitioner.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has submitted Ext.P5 representation before the

Panchayat pointing out that there is a civil suit pending between

the petitioner and the 3rd respondent and that it is in violation of

Ext.P3 injunction order of the competent civil court that the 3 rd

respondent has entered into a lease agreement with the 4th

respondent. It is submitted that the 4 th respondent has submitted WP(C) NO.25878 OF 2021

an application for licence on the basis of the said illegal transfer of

the property, which is against Ext.P3. The learned counsel for the

petitioner submits that Ext.P5 representation has been preferred

before the 2nd respondent and that there is every likelihood that the

application for licence will be considered without noticing Ext.P3

injunction order and the order of attachment issued by the

competent civil court.

Having heard the learned counsel for the petitioner, I

am of the opinion that it is for the 2 nd respondent to take an

appropriate decision on Ext.P5. In case the licence application of

the 4th respondent has been submitted before the 2 nd respondent

and has not already been disposed of, the 2 nd respondent shall

consider Ext.P5 also while considering the same. Necessary shall

be done after hearing the parties through any appropriate means

including video conferencing within one month from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/27.11.2021 WP(C) NO.25878 OF 2021

APPENDIX OF WP(C) 25878/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 02.11.2021 EXECUTED BY PETITIONER.

Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 27.03.2021 EXECUTED BY RESPONDENT NO.3.

Exhibit P3 TRUE COPY OF ORDER DATED 08.10.21 PASSED IN I.A.NO.1/2021 IN OS NO.49/21 ON THE FILE OF SUBORDINATE JUDGE'S COURT, NEDUMANGADU.

Exhibit P4 TRUE COPY OF ORDER DATED 08.10.21 PASSED IN I.A.NO.2/2021 IN OS NO.49/21 ON THE FILE OF SUBORDINATE JUDGE'S COURT, NEDUMANGADU

Exhibit P5 TRUE COPY OF THE PETITION/REPRESENTATION DATED 08.12.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.