K.P.Kumaran vs Nedumbassery Grama Panchayath
2022 Latest Caselaw 8640 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        WP(C) NO. 23537 OF 2009
PETITIONER:

          K.P.KUMARAN, AGED 68, S/O. LATE PARAMU,
          KOLLERITHARA HOUSE, MEKAD P.O., NEDUMBASSERY,
          ERNAKULAM.
          BY ADVS.
          SRI.P.V.GEORGE(PUTHIYIDAM)
          SRI.SURESH K.SREEDHAR ATHANI


RESPONDENT:

          NEDUMBASSERY GRAMA PANCHAYATH
          (SPECIAL GRADE), REPRESENTED BY SECRETARY,
          KARIYAD, MEKAD P.O., ERNAKULAM-683 589.
          BY ADVS.
          SRI.ANOOP ELIAS
          SRI.GEORGE SEBASTIAN



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23537 OF 2009
                                    2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 23537 of 2009
      ----------------------------------------------
        Dated this the 06th day of July, 2022


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) to issue a writ of certiorari or any other appropriate writ order or direction calling for the records leading to Ext.P7 and quash the same.

(ii) to issue a writ of mandamus or any other appropriate writ order or direction directing the respondent to dispose Ext.P4 to P6.

(iii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to disburse the interest amount to petitioner forthwith.

(iv) to stay all recovery proceedings against the petitioner pursuant to Ext.P7."[SIC]

2. The petitioner already submitted Exts.P4 to P6

letters addressed to the Panchayath. This writ petition is

pending before this Court from 2009 onwards. This

writ petition can be disposed of directing the Panchayath

to consider Exts.P4 to P6 within a time frame, after WP(C) NO. 23537 OF 2009

giving an opportunity of hearing to the petitioner.

Therefore, this writ petition is disposed of in the

following manner:

i. Exts.P4 to P6 are directed to be disposed of

by the Secretary to the respondent Panchayath, as

expeditiously as possible, at any rate, within a period

of two months from the date of receipt of a copy of

this judgment.

ii. Before passing final order, an opportunity

of hearing should be given to the petitioner.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 23537 OF 2009

APPENDIX OF W.P.(C) NO.23537/2009

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF AGREEMENT NO.17/2004-05 DATED 07.07.2004 EXECUTED BETWEEN PETITIONER AND RESPONDENT.

EXHIBIT P2         TRUE   COPY   OF   RENT   DEED   DATED
                   06.03.2009       EXECUTED      BETWEEN
                   PETITIONER AND RESPONDNET.
EXHIBIT P3         TRUE COPY OF THE RECEIPT ISSUED BY

RESPONDENT DATED 23.03.2009. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 06.04.2009 WITH POSTAL RECEIPT. EXHIBIT P5 TRUE COPY OF LETTER DATED 02.06.2009 WITH POSTAL RECEIPT.

EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 06.07.2009. EXHIBIT P7 TRUE COPY OF LETTER DATED 06.06.2009 ISSUED BY RESPONDENT.

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE