Kerala High Court
Vazhappally Grama Panchayat vs State Of Kerala on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 19248 OF 2009
PETITIONER/S:
VAZHAPPALLY GRAMA PANCHAYAT
KURISUMMOODU P.O., CHANGANACHERRY,, REPRESENTED
BY ITS SECRETARY.
BY ADV SRI.MILLU DANDAPANI
RESPONDENT/S:
1 STATE OF KERALA
THE SECRETARY, DEPARTMENT OF REVENUE,,
SECRETARIAT, THIRUVANANTHAPURAM.
2 CHANGANACHERRY METAL AND ALLIED
INDUSTRIES CO-OPERATIVE SOCIETY LTD.,, NO.IND
(K) 71,INDUSTRIES ESTATE POST,, CHANGANACHERRY,
REPRESENTED BY ITS SECRETARY
OTHER PRESENT:
SMT. DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, ALONG WITH WP(C).19280/2009 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 19280 OF 2009
PETITIONER/S:
VAZHAPPALLY GRAMA PANCHAYATH
KURISUMOODU.P.O. CHANGANACHERRY,, REP. BY ITS
SECRETARY.
BY ADV SRI.MILLU DANDAPANI
RESPONDENT/S:
1 THE STATE OF KERALA AND ANOTHER
SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT,,
TRIVANDRUM.
2 CHANGANACHERRY METAL AND ALLIED
INDUSTRIES, CO-OPERATIVE SOCIETY LTD.,, NO. IND
(K) 71, INDUSTRIES ESTATE POST,, CHANGANACHERRY,
REP. BY ITS SECRETARY.
OTHER PRESENT:
SMT. DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, ALONG WITH WP(C).19281/2009 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-3-
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 19281 OF 2009
PETITIONER/S:
VAZHAPPALY GRAMA PANCHAYAT
KURISUMOODU.P.O. CHANGANACHERRY, REP. BY ITS,
SECRETARY.
BY ADV SRI.MILLU DANDAPANI
RESPONDENT/S:
1 STATE OF KERALA
SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT,,
TRIVANDRUM.
2 CHANGANACHERRY METAL AND ALIED
INDUSTRIES CO-OPERATIVE SOCIETY LTD. NO., IND (K)
71, INDUSTRIES ESTATE POST,, CHANGANACHERRY, REP.
BY ITS SECRETARY.
OTHER PRESENT:
SMT. DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, ALONG WITH WP(C).19280/2009 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-4-
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 19288 OF 2009
PETITIONER/S:
VAZHAPPALLY GRAMA PANCHAYATH
KURISUMOODU P.O., CHANGANACHERRY,, REP. BY ITS
SECRETARY.
BY ADV SRI.MILLU DANDAPANI
RESPONDENT/S:
1 STATE OF KERALA AND ANOTHER
REP. BY THE SECRETARY,, DEPARTMENT OF REVENUE,
SECRETARIAT,, THIRUVANANTHAPURAM.
2 CHANGANACHERRY METAL AND ALLIED
INDUSTRIES CO-OP. SOCIETY LTD. NO. IND(K)71,,
INDUSTRIES ESTATE POST, CHANGANACHERRY,, REP. BY
ITS SECRETARY.
OTHER PRESENT:
SMT. DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, ALONG WITH WP(C).19280/2009 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-5-
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
=============================================================
Dated this the 23rd day of June, 2022
JUDGMENT
These writ petitions are filed challenging orders passed by
the Tribunal for Local Self Government Institutions. As per the
impugned orders, certain directions were issued to the Panchayat
regarding the renewal of licence. Subsequent to the filing of the
above writ petitions, there is change of circumstances. The
Panchayat and the contesting respondents approached the
Government for getting right in the property. The Government
granted lease to the contesting respondents. But the request of the
Panchayat to get assignment of property is rejected. That
proceeding was challenged by the Panchayat before this Court by
filing WP(C) No.21195 of 2013. The same was dismissed and
now a writ appeal is pending as WA No.742 of 2019. This Court,
as per judgment dated 23.06.2022 in WP(C) No.15599 of 2009,
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
ordered status-quo till the disposal of WA No.742 of 2019.
Therefore, the prayers in these writ petitions are infructuous. The
petitioners are at liberty to raise all the contentions in the writ
appeal pending before this Court.
Leaving open all the contentions in these writ petitions, these
writ petitions are closed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
APPENDIX OF WP(C) 19280/2009
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER DATED 18.04.2008
PASSED BY THE VAZHAPPALLY GRAMA
PANCHAYATH.
Exhibit P2 TRUE COPY OF JUDGMENT IN WP(C) NO. 35936
OF 2008 DATED 4.12.2008.
Exhibit P3 TRUE COPY OF ORDER OF TRIBUNAL IN APPEAL
NO. 611 OF 2008.
Exhibit P4 TRUE COPY OF LIST OF DOCUMENTS SUBMITTED
BEFORE THE TRIBUNAL, FOR LOCAL SELF
GOVERNMENT INSTITUTIONS AT TRIVANDRUM.
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
APPENDIX OF WP(C) 19281/2009
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER OF THE SECRETARY
DATED 16.04.2008, VAZHAPPALLY GRAMA
PANCHAYAT.
Exhibit P2 TRUE COPY OF JUDGMENT IN W.P.C NO. 35936
OF 2008 DATED 4.12.2008.
Exhibit P3 TRUE COPY OF THE ORDER OF THE TRIBUNAL
FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM IN APPEAL NO. 612 OF
2008, DATED 3.3.2009.
Exhibit P4 TRUE COPY OF ORDER DATED 2.4.2008 OF THE
SECRETARY, VAZHAPPALLY GRAMA PANCHAYAT.
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
APPENDIX OF WP(C) 19288/2009
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER OF THE VAZHAPPALLY
GRAMA PANCHAYAT SECRETARY, DATED
17.04.2008.
Exhibit P2 TRUE COPY OF JUDGEMENT IN WPC NO. 35936
OF 2008 DATED 4.12.2008.
Exhibit P3 TRUE COPY OF ORDER OF TRIBUNAL FOR LOCAL
SELF GOVT. INSTITUTIONS,
THIRUVANANTHAPURAM DATED 3.3.2009 IN
APPEAL NO. 613/08.
Exhibit P4 TRUE COPY OF LIST OF DOCUMENT SUBMITTED
BEFORE THE TRIBUNAL, FOR LOCAL SELF
GOVT. INSTITUTIONS.
W.P.(C) Nos. 19248, 19280,
19281 & 19288 of 2009
APPENDIX OF WP(C) 19248/2009
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER OF THE SECRETARY
DATED 18.4.2008, PASSED BY THE
VAZHAPPALLY GRAMA PANCHAYAT SECRETARY.
Exhibit P2 TRUE COPY OF JUDGMENT IN WP(C) NO.35936
OF 2008 DATED 4.12.2008.
Exhibit P3 TRUE COPY OF ORDER OF TRIBUNAL IN APPEAL
NO.610 OF 2008.
Exhibit P4 TRUE COPY OF LIST OF DOCUMENTS SUBMITTED
BEFORE THE TRIBUNAL, FOR LOCAL SELF
GOVT. INSTITUTIONS AT TRIVANDRUM.
