Kerala High Court
Savithri.P vs The Kunnamangalam Grama ... on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 6023 OF 2022
PETITIONER:
SAVITHRI.P.,
AGED 64 YEARS
W/O.BALAKRISHNAN NAIR, RESIDINGA T
NEDUMKANDIPARAMBU HOUSE,
KUNNAMANGALAM P.O., KARANTHOOR VILLAGE,
KOZHIKODE TALUK, KOZHIKODE DISTRICT.
BY ADVS.
T.MADHU
C.R.SARADAMANI
SHAHID AZEEZ
RENJISH S. MENON
RESPONDENTS:
1 THE KUNNAMANGALAM GRAMA PANCHAYAT,
KUNNAMANGALAM P.O., KOZHIKODE DISTRICT-673 571,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
THE KUNNAMANGALAM GRAMA PANCHAYAT,
KUNNAMANGALAM P.O.,
KOZHIKODE DISTRICT-673 571.
BY ADVS.
K.P.SUSMITHA
VINOD SINGH CHERIYAN(K/000197/1983)
T.M.KHALID(K/000047/2013)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.6023/2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.6023 of 2022
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Dated this the 09th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari and quash Exhibit P6
demand notice dated 1/9/2021 issued by the
second respondent, so as to secure the ends of
justice.
ii. Issue a writ of mandamus or any other
appropriate writ, direction or order directing the
respondents 1 and 2 to consider and take a
decision on Exhibits P3 and P4 representations
submitted by the petitioner before the second
respondent as expeditiously as possible and
within a time frame to be filed by this Honourable
Court, so as to secure the ends of justice.
iii. Such other relief's as this Hon'ble Court may
deem fit and proper in the circumstances of the
case.
(SIC)
W.P.(C).No.6023/2022
2. The main prayer in the writ petition is against
Ext.P6 demand. The petitioner was given the right to collect
user's fee from the stage carriage operators passing through
the Kunnamangalam Bus Stand managed by the 1 st respondent
for the financial year 2021-2022 for a consideration of
Rs.3,40,000/-. As per Ext.P6, the petitioner is directed to pay
an amount of Rs.2,02,300/-, which is the balance of
Rs.3,40,000/-. The petitioner submitted Exts.P3 and P4
representations. The request of the petitioner in Ext.P4 is to
reduce the fee because of the Covid related issue. Now the
Panchayat filed a counter affidavit producing therewith
Ext.R2(a) decision of the Panchayat in which the request of
the petitioner for extension of the period is rejected. Hence
this writ petition.
3. Heard the learned counsel for the petitioner and
the learned Standing Counsel for the Panchayat.
4. The learned counsel for the petitioner reiterated his
contentions in the writ petition. The learned counsel
submitted that as per Ext.R2(a), the request for extension of
period alone is considered and the request for remission of the
balance amount to be paid is not considered. The learned
W.P.(C).No.6023/2022
Standing Counsel, on the other hand, submitted that there is
no provision for remission of the amount.
5. This Court perused the request made in Ext.P4 by
the petitioner. The main request is to reduce the licence fee
proportionately. The point raised in Ext.P4 is not considered
by the Panchayat even as per Et.R2(a). Therefore, according
to me, this matter is to be considered by the Panchayat. For
facilitating the Panchayat to pass fresh orders, the petitioner
can be directed to file a fresh representation.
Therefore, this writ petition is disposed of in the
following manner:
1. The petitioner is free to file a fresh
representation narrating her grievance, within
two weeks from the date of receipt of a copy of
this judgment.
2. Once such a representation is received, the 1 st
respondent will consider the same and pass
appropriate orders in it, after giving an
opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within
one month from the date of receipt of the
W.P.(C).No.6023/2022
representation.
3. Till final orders are passed, all further
proceedings based on Ext.P6 shall be kept in
abeyance.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.6023/2022
APPENDIX OF WP(C) 6023/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RECEIPT ISSUED BY
THE FIRST RESPONDENT DATED 02.03.2021.
Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED
03.04.2021 ISSUED BY THE FIRST
RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
DATED 01.02.2022 SUBMITTED BY THE
PETITIONER BEFORE THE SECOND
RESPONDENT.
Exhibit P3 A THE TRUE COPY OF THE RECEIPT DATED
01.02.2022 ISSUED BY THE SECOND
RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
DATED 29.04.2021 SUBMITTED BY THE
PETITIONER BEFORE THE SECOND
RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE GOVERNMENT ORDER
DATED 27.07.2021 ISSUED BY THE LOCAL
SELF GOVERNMENT DEPARTMENT OF THE
GOVERNMENT OF KERALA.
Exhibit P6 THE TRUE COPY OF THE DEMAND NOTICE
DATED 01.09.2021 ISSUED BY THE SECOND
RESPONDENT.
RESPONDENT EXHIBITS
Exhibit R2(a) COPY OF THE RESOLUTION NO.7/2 DATED
16-03-2022 OF KUNNAMANGALAM GRAMA
PANCHAYAT
