Kerala High Court
Salma C vs Pandikkad Grama Panchayath on 16 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
WP(C) NO. 26565 OF 2021
PETITIONER:
SALMA C
AGED 57 YEARS, W/O KUNHALI(LATE),
MANNARTHODIKA HOUSE,
VALLUVANGAD SOUTH, THAMPANANGADI,
PANDIKKAD-PO, MALAPPURAM DISTRICT.
PIN-676521.
BY ADVS.
SRI.P.VENUGOPAL
SMT.SRUTHY.S
RESPONDENTS:
1 PANDIKKAD GRAMA PANCHAYATH
PADIKKAD-PO, MALAPPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN-676521.
2 THE SECRETARY,
PANDIKKAD GRAMA PANCHAYATH, PANDIKKAD.P.O,
MALAPPURAM DISTRICT, PIN-676521.
3 THE ASSISTANT ENGINEER, KSEB,
ELECTRICAL SECTION OFFICE, PANDIKKAD,
PANDIKKAD-PO, MALAPURAM DISTRICT, PIN-676521.
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
SRI.SUDHEER GANESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26565 OF 2021
2
T.R. RAVI, J.
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W. P. (C). No. 26565 of 2021
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Dated this the 16th day of February, 2022
JUDGMENT
The writ petition has been filed seeking a direction to the 2 nd
respondent to keep all further proceedings pursuant to Exts.P3 & P6
communications in abeyance, pending disposal of Ext.P7
representation by the 1st respondent. On 25.11.2021, this Court had
stayed further proceedings and the said order has been extended
subsequently. 2. Respondents 1 & 2 have filed a counter affidavit
producing the decision of the steering committee of the 1st
respondent Panchayat dated 25.11.2021. It is seen from Ext.R2(a)
that on the basis of the decision taken, it has been agreed that the
occupiers of the shopping complex, like the petitioner, would give
vacant possession to the 1 st respondent and the 1st respondent will
rehabilitate them in the new shopping complex after completion of
the construction of the same. It is stated that pursuant to the said
decision, the petitioner has already vacated the room and as such
nothing more survives in the writ petition, except recording the
WP(C) NO. 26565 OF 2021
decision of the Panchayat.
In the above circumstances, this writ petition is disposed of
recording Ext.R2(a) dated 25.11.2021 and with liberty to the
petitioner to move this Court, if there is any violation of the
undertaking to rehabilitate.
Sd/-
T.R.RAVI
JUDGE
Pn
WP(C) NO. 26565 OF 2021
APPENDIX OF WP(C) 26565/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
DISTRICT MISSION CO-ORDINATOR, KUDUMBASHREE
TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED BY THE
SECOND RESPONDENT TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE LETTER DATED 27.03.2021
ISSUED BY THE SECOND RESPONDENT TO THE
PETITIONER
Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED BY THE
SECOND RESPONDENT TO THE PETITIONER, FOR
HAVING RECEIVED THE APPLICATION FOR D & O
LICENSE
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
02.07.2021 SUBMITTED BY THE PETITIONER TO
THE SECOND RESPONDENT ALONG WITH ITS
ACKNOWLEDGMENT
Exhibit P6 A TRUE COPY OF THE NOTICE DATED 22-10-2021
ISSUED BY THE SECOND RESPONDENT TO THE
PETITIONER
Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED
28-10-2021 SUBMITTED BY THE PETITIONER TO
THE FIRST RESPONDENT TOGETHER WITH ITS
RECEIPT
Exhibit P8 A TRUE COPY OF THE NOTICE DATED 06.11.2021
ISSUED BY THE THIRD RESPONDENT TO THE
PETITIONER ALONG WITH A READABLE-TYPED COPY
WP(C) NO. 26565 OF 2021
Exhibit P9 TRUE COPY OF THE LETTER DATED 08.11.2021
SUBMITTED BY THE PETITIONER TO THE THIRD
RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT R2(A) A TRUE COPY OF THE DECISION OF THE STEERING
COMMITTEE OF THE 1ST RESPONDENT PANCHAYATH
DATED 25.11.2021
