Laina Shiju vs Elamkunnapuzha Grama Panchayath
2022 Latest Caselaw 8190 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
   FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                  WP(C) NO. 601 OF 2016
PETITIONER:

         LAINA SHIJU
         AGED 34 YEARS
         W/O. SHIJU,
         ATTIPETTI HOUSE
         VELIYATHAMPARAMBU
         NAYARAMBALAM POST,
         VYPEEN

         BY ADV. SRI.DENIZEN KOMATH


RESPONDENTS:

    1    ELAMKUNNAPUZHA GRAMA PANCHAYATH,
         MALIPPURAM POST
         VYPEEN - 682 511,
         REPRESENTED BY ITS SECRETARY.

    2    DEPUTY DIRECTOR OF PANCHAYATS,
         CIVIL STATION,
         KAKKANAD
         ERNAKULAM.

         R1 BY ADVS.SRI.AADITHYAN S.MANNALI
                    SRI.SAJAN MANNALI
         R2 BY SRI. K.P. HARISH, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 601/2016
                                    2




                               JUDGMENT

This writ petition is filed by the petitioner seeking

the following reliefs:-

"1) Call for the entire records pertaining to the issuance of Exhibits P-3, P-6 and P-7 and Issue a Writ of Certiorari, any other Order, writ or direction to quash the same.

2) Issue a Writ of Mandamus, any other Order writ or direction, directing the 2nd Respondent herein to hold an enquiry into Exhibit P- 5 grievance of the Petitioner, and to take appropriate decision thereon within a time frame.

3) Issue a Writ of Mandamus, any other Order, writ or direction, directing the 1st Respondent to refund the balance of security advance obtained from this Petitioner, after deducting the rent arrears for the period covered by Exhibit P-1 agreement along with legally enforceable interest immediately.

4) Such other reliefs that this Hon'ble Court deem fit and proper to grant in the interest of justice.

5) Award costs of the proceedings."

2. The petitioner is aggrieved by Exts. P3, P6

and P7 notices issued by the Elamkunnapuzha

Grama Panchayat demanding rental charges for the

building occupied by the petitioner for the period

from 2012, December to 2013, March; 2013, April W.P.(C.) No. 601/2016

to 2014, March; 2014, April to 2015, March; and

2015 - 2016. When petitioner received Ext. P3

notice, the petitioner has submitted Exts. P4 and P5

representations dated 21.07.2015. On receipt of the

representations and at the request of the petitioner,

the Panchayat has reduced the penal interest from

the demand and directed the petitioner to remit the

rent within five days. However, the petitioner has

not complied with the same. It was thereupon that

Panchayat has issued Ext.P7 notice dated

28.12.2015 directing the petitioner to vacate the

premises within 24 hours enabling the Panchayat to

start a homoeo clinic in the building in question. It

is thus challenging the legality and correctness of

the demands raised by the Panchayat, this writ

petition is filed.

3. When the writ petition was admitted to the

files of this Court, status quo was directed to be W.P.(C.) No. 601/2016

maintained for a period of one month and

thereafter, it was being periodically extended and

extended until further orders on 15.06.2016 which

is still in force. The Panchayat has not filed any

counter to the writ petition.

4. I have heard the learned counsel for the

petitioner, Smt. Mereena Joseph and perused the

pleadings and material on record.

5. On a perusal of the demand and

documents produced by the petitioner, it is clear

that when the demand was received to pay the rent

arrears, the petitioner has made a request to delete

the penal interest from the demand. The Panchayat

acted upon the request of the petitioner, removed

the penal interest and directed the petitioner to

remit the amount within five days. However, the

petitioner has not remitted the amount due for the

four years as specified above. It was thereupon W.P.(C.) No. 601/2016

that the Panchayat issued Ext.P7 notice directing

the petitioner to vacate the premises.

6. On the analysis of the facts and

circumstances, I am of the considered opinion that

if the petitioner has agreed to pay the demand, if

the penal interest is removed from the demand

notice, the petitioner cannot rescind from the same

and attack the demand and other proceedings.

7. In that view of the matter, I do not think

that the petitioner has made out any case of

arbitrariness or illegality on the part of the Grama

Panchayat in raising the demand and also directing

the petitioner to vacate the premises. I could not

also locate any arbitrariness or illegality justifiable

to be interfered in a proceeding under Article 226 of

the Constitution of India. Therefore, the writ

petition has to fail.

W.P.(C.) No. 601/2016

Accordingly, it is dismissed. However, I make it

clear that if any rent amount is paid by the

petitioner, the same shall be adjusted against the

dues contained in the demand.

Sd/-

SHAJI P. CHALY JUDGE

DCS/01.07.2022 W.P.(C.) No. 601/2016

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE RENTAL AGREEMENT EXECUTED IN-BETWEEN PETITIONER AND 1ST RESPONDENT.

Exhibit P2 TRUE PHOTOCOPY OF THE RECEIPT OF PAYMENT MADE BY THIS PETITIONER.

Exhibit P3 TRUE PHOTOCOPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 10.06.2015.

Exhibit P4 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER DATED 21.07.2015 BEFORE 1ST RESPONDENT.

Exhibit P5 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER DATED 21.07.2015 BEFORE 2ND RESPONDENT.

Exhibit P6 TRUE PHOTOCOPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 22.12.2015 VIDE RECEIPT NUMBER A3/131/15.

Exhibit P7 TRUE PHOTOCOPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 28.12.2015.