Shabjan vs The Secretary
2022 Latest Caselaw 3886 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                       WP(C) NO. 12251 OF 2022
PETITIONER:

          SHABJAN
          AGED 53 YEARS
          S/O SALAHUDIN, KARIKKUZHI VEEDU, MAYYANAD, KOLLAM

          BY ADVS.
          ARUN BABU
          ARUN K.J.



RESPONDENT:

          THE SECRETARY,
          MAYANAD GRAMA PANCHAYATH, MAYYANAD P.O.KOLLAM-691 303



          SMT PRINCY XAVIER. SR.G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12251 OF 2022

                                           2


                                   JUDGMENT

This writ petition is filed seeking the following reliefs:

"1) To issue a writ of mandamus or any other appropriate writ, order or directing the respondent to give 15 installments in clearing the liability covered by Exhibit P4 notice.

2) To issue a writ of certiorari or any other appropriate writ, order quashing Exhibit P3 and direct the respondent to give the benefit of Exhibit P1 to the petitioner."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent.

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

petitioner has approached the respondent seeking the benefit of Ext.P1

order dated 19.05.2021 and submitted Ext.P2 representation. However,

the same has not been considered and Ext.P3 reply has been issued to the

petitioner. The learned counsel for the petitioner submits that the

question with regard to waiver or grant of instalment has to be

considered by the Panchayath.

There will, accordingly, be a direction to the respondent to place

the representation made by the petitioner before the Committee of the WP(C) NO. 12251 OF 2022

Panchayath for a consideration thereof, in accordance with law. The

petitioner may submit supplementary representation for the above said

purpose. The Committee of the Panchayath shall consider the request

made by the petitioner and pass appropriate orders in accordance with

law. Appropriate orders shall be passed within a period of one month

from the date of receipt of a copy of this judgment. Till such time, further

proceedings pursuant to Ext.P4 shall be kept in abeyance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 12251 OF 2022

APPENDIX OF WP(C) 12251/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GO(P) 1015/2021 LSGT DATED 10.5.2021

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 31.12.2021 ISSUED BY THE PETITIONER TO THE RESPONDENT

Exhibit P3 TRUE COPY OF THE REPLY DATED 7.3.2022 BEARING NO SC 5/152/2022 ISSUED TO THE PETITIONER BY RESPONDENT

Exhibit P4 TRUE COPY OF THE RR DEMAND NOTICE DATED 16.3.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER