M/S.Pulamanthole Complex Pvt. ... vs Pulamanthole Grama Panchayat
2022 Latest Caselaw 9528 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                         WP(C) NO. 27468 OF 2022
PETITIONER:

              M/S.PULAMANTHOLE COMPLEX PVT. LTD.
              A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956
              WITH ITS REGISTERED OFFICE AT PULAMANTHOLE,
              MALAPPURAM P.O., PIN - 679 323
              REPRESENTED BY ITS MANAGING DIRECTOR,
              MR.MUHAMMED HANEEFA
              AGED 62 YEARS, S/O. MOHAMMED KUTTY, RESIDING AT
              PANDARATHODI HOUSE (KARUNA), P.O., PULAMANTHOLE,
              MALAPPURAM DISTRICT, PIN - 679323
              BY ADVS.
              P.MARTIN JOSE
              P.PRIJITH
              THOMAS P.KURUVILLA
              AJAY BEN JOSE
              MANJUNATH MENON
              R.GITHESH
              SACHIN JACOB AMBAT
              ANNA LINDA V.J
              HARIKRISHNAN S.
              S.SREEKUMAR (SR.)
RESPONDENTS:

     1        PULAMANTHOLE GRAMA PANCHAYAT,
              PULAMANTHOLE P.O., MALAPPURAM DISTRICT,
              REPRESENTED BY ITS SECRETARY, PIN - 679323
     2        THE SECRETARY,
              PULAMANTHOLE GRAMA PANCHAYAT
              PULAMANTHOLE P.O., MALAPPURAM DISTRICT - 679323
              BY ADV KAMMAPPU C.M


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.27468 OF 2022

                               2


                           JUDGMENT

Dated this the 25th day of August, 2022

The petitioner, a Company incorporated under the

Companies Act, 1956 and has undertaken construction of Bus

Stand Complex in 52 Cents of land in Pulamanthole Village, is

before this Court seeking to direct the 2 nd respondent-

Secretary to the Grama Panchayat to consider and pass

orders on Ext.P11 representation within a time frame.

2. By Ext.P11 representation, the petitioner requested

the 2nd respondent-Secretary to the Grama Panchayat to

modify Clause 15 of Ext.P6 agreement between the petitioner

and the Panchayat. In Ext.P11, the petitioner sought certain

amendments to the agreement conditions.

3. Standing Counsel entered appearance and

submitted that since the petitioner has submitted Ext.P11

representation before the 2nd respondent-Secretary to the

Grama Panchayat, the same can be considered in WP(C) NO.27468 OF 2022

accordance with law.

In view of the facts as stated above, the writ petition is

disposed of directing the 2nd respondent-Secretary to the

Grama Panchayat to consider Ext.P11 representation

submitted by the petitioner in accordance with law and take

appropriate decision thereon, within a period of one month.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.27468 OF 2022

APPENDIX OF WP(C) 27468/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE INVITING TENDERS FOR CONSTRUCTION OF THE BUS STAND COMPLEX Exhibit P2 TRUE COPY OF RESOLUTION NO.1 DATED 28-

02-2004 ISSUED BY THE PANCHAYAT Exhibit P3 TRUE COPY OF RESOLUTION NO.2(10) DATED 28-02-2004 ISSUED BY THE PANCHAYAT Exhibit P4 TRUE COPY OF ORDER NO:

17806/J2/04/LSGD DATED 8-6-2004 OF LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA Exhibit P5 TRUE COPY OF ORDER DATED 26-5-2003 OF THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA Exhibit P6 TRUE COPY OF AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT PANCHAYAT ON 17-03-2004 Exhibit P7 TRUE COPY OF PRIVATE MARKET LICENSE DATED 01-04-2021, VALID UPTO 31-03-

2023, ISSUED IN FAVOUR OF THE PETITIONER BY THE 1ST RESPONDENT PANCHAYAT Exhibit P8 TRUE COPY OF REPRESENTATION DATED 24-

06-2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF RESOLUTION NO.8(1) DATED 30-06-2022 OF THE PANCHAYAT Exhibit P10 TRUE COPY OF ORDER DATED 29-07-2022 IN W.P.(C).NO.24546 OF 2022 OF THIS HON'BLE COURT Exhibit P11 TRUE COPY OF REPRESENTATION DATED 16-

08-2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, REQUESTING TO MODIFY CLAUSE 15 OF EXHIBIT.P6

RESPONDENT'S/S EXHIBITS : NIL