P.M.Jose And Others vs Nedumbassery Grama Panchayat
2022 Latest Caselaw 8641 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. 38300 OF 2010
PETITIONERS:

    1     P.M.JOSE, S/O.MATHAI, PADAYATTIL HOUSE,
          ANGAMALY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
    2     SUMESH PAUL, S/O. POULOSE
          KIDANGETH HOUSE, CHENGAMANADU VILLAGE,
          ALUVA TALUK, ERNAKULAM DISTRICT.
    3     M.J. JAISON, S/O. JOSEPH
          MUNDADAN HOUSE, ANGAMALY VILLAGE,
          ALUVA TALUK, ERNAKULAM DISTRICT.
    4     K.M. VARGHESE, S/O. MANI
          KALAMPADAN VEETTIL, NEDUMBASSERI VILLAGE,
          ALUVA TALUK, ERNAKULAM DISTRICT.
    5     P.K.KHALID, S/O. KOCHADIMA
          PARELI HOUSE, CHENGAMANADU VILLAGE,
          ALUVA TALUK, ERNAKULAM DISTRICT.
          BY ADV SRI.GEORGE JOHNSON


RESPONDENT:

          NEDUMBASSERY GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, KARIYAD,
          MEKKAD.P.O., PIN-686589.
          BY ADV 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. 38300 OF 2010
                                 2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 38300 of 2010
      ----------------------------------------------
        Dated this the 06th day of July, 2022


                        JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) Call for the records leading to the case;

(ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to give interest @ 9% per annum to the petitioners on their security deposits as agreed in Exts.P1 to P5;

(iii) Issue a Writ of Mandamus directing the respondent not to recover any amount/s by way of rent or other charges from the petitioners till the interest accumulated as per Exts.P1-P5 is adjusted towards rent;

(iv) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to provide forthwith the basic facilities such as water, light and sanitation in the public market at Athani so as to start business by the petitioners and other room allottees and till then stay all proceeding for recovery of rent arrears/ dispossession of rooms;

WP(C) NO. 38300 OF 2010

(v) Grant such other reliefs as this Honourable Court may deem fit;."[SIC]

2. This writ petition is pending before this Court

from 2010 onwards. The petitioners are free to file a

representation narrating their grievance raised in this

writ petition before the respondent Panchayath and the

respondent Panchayath can be directed to consider the

same, within a time frame, after giving an opportunity of

hearing to the petitioners.

Therefore, this writ petition is disposed of in the

following manner:

i. The petitioners are free to submit a

representation before the Secretary to the

respondent Panchayath, within a period of four weeks

from the date of receipt of a copy of this judgment.

ii. Once such a representation is received, the

Secretary to the respondent Panchayath will consider

the same and pass appropriate orders in it in

accordance to law, as expeditiously as possible, at WP(C) NO. 38300 OF 2010

any rate, within a period of two months from the

date of receipt of the representation.

iii. Before passing final order, an opportunity

of hearing should be given to the petitioners.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 38300 OF 2010

APPENDIX OF W.P.(C) NO.38300/2010

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF AGREEMENT EXECUTED BY 1ST PETITIONER WITH THE PANCHAYATH.

EXHIBIT P2         TRUE COPY OF THE AGREEMENT EXECUTED
                   BY    2ND   PETITIONER   WITH   THE
                   PANCHAYATH.
EXHIBIT P2(A)      TRUE COPY OF THE AGREEMENT EXECUTED
                   BY    2ND   PETITIONER   WITH   THE
                   PANCHAYATH.
EXHIBIT P3         TRUE COPY OF THE AGREEMENT EXECUTED
                   BY    3RD   PETITIONER   WITH   THE
                   PANCHAYATH.
EXHIBIT P4         TRUE COPY OF THE AGREEMENT EXECUTED
                   BY    4TH   PETITIONER   WITH   THE
                   PANCHAYATH.
EXHIBIT P5         TRUE COPY OF THE AGREEMENT EXECUTED
                   BY    5TH   PETITIONER   WITH   THE
                   PANCHAYATH.
EXHIBIT P6         TRUE COPY OF THE RENT DEED EXECUTED

BY/BETWEEN THE 1ST PETITIONER AND THE RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE NEWS REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 16.12.2010.

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE