Shoukath Ali vs Kuttippuram Grama Panchayath
2022 Latest Caselaw 7240 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                         WP(C) NO. 4993 OF 2022
PETITIONER/S:

    1       SHOUKATH ALI,
            AGED 63 YEARS
            S/O. MOHAMMED ALIAS BAPPU HAJI, POTTARATH HOUSE,
            KUTTIPPURAM P.O., MALAPPURAM-679571.
    2       MOHAMMED ASHRAF,
            AGED 59 YEARS
            S/O. MOHAMMED ALIAS BAPPU HAJI, POTTARATH HOUSE,
            KUTTIPPURAM P.O., MALAPPURAM-679571.
            BY ADVS.
            K.R.VINOD
            K.S.SREEREKHA
            M.S.LETHA
            NABIL KHADER
            GEORGE ROY


RESPONDENT/S:

    1       KUTTIPPURAM GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY, OFFICE OF THE GRAMA
            PANCHAYATH, KUTTIPPURAM, MALAPPURAM-679571.
    2       THE SECRETARY,
            KUTTIPPURAM GRAMA PANCHAYATH, OFFICE OF THE GRAMA
            PANCHAYATH, KUTTIPPURAM, MALAPPURAM-679571.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4993 OF 2022               2



                                 JUDGMENT

Petitioners have approached this Court, challenging Ext.P6

proceedings through whith the petitioners' application for

vacancy remission has been decided, according to the

petitioners, without affording an opportunity of hearing to them.

The petitioners also challenge consequential demands which

have been produced as Exts.P7 to P16.

2. Learned counsel appearing for the petitioners submits

that the petitioners submitted Exts. P1, P3 and P4 requests for

vacancy remission. It is also submitted that the petitioners had

offered to pay the amount of tax which was actually due from the

petitioners as can be seen from Ext.P5.

3. This writ petition was admitted on 15.02.2022 and an

interim order as prayed for was granted on that date for three

months. Notice was issued to the respondents with hearing date

04.03.2022. The Registry reports that, as on 15.06.2022, service

is complete on respondent Nos.1 and 2. Even today, when the

matter is taken up for consideration, there is no representation

for the respondents.

4. Taking note of the submission of the learned counsel

appearing for the petitioners and noticing that Ext.P6 does not

show that any hearing was afforded to the petitioners, and in the

absence of the respondents, I am constrained to set aside Ext.P6

and consequential demands namely, Exts.P7 to P16 and direct

the 2nd respondent to consider the matter afresh, after affording

an opportunity of hearing to the petitioner. It shall be done

within a period of six weeks from the date of receipt of a certified

copy of this judgment.

The writ petition is disposed of as above.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 4993/2022

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT HEREIN, DATED 28/05/2020. Exhibit P2 THE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT ACKNOWLEDGING THE RECEIPT OF THE EXHIBIT P1 REPRESENTATION ON 09/06/2020. Exhibit P3 THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 17/06/2021.

Exhibit P4 THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 28/09/2021.

Exhibit P5 THE COPY OF THE CHEQUE ISSUED BY THE 1ST PETITIONER BEARING NO.443607, DATED 04/10/2021, DRAWN ON FEDERAL BANK, KUTTIPPURAM FOR RS.25,069/- IN FAVOUR OF THE 2ND RESPONDENT HEREIN.

Exhibit P6 THE COPY OF THE ORDER BEARING NO. A3-

6329/2021 ISSUED BY THE 2ND RESPONDENT DATED 07/10/2021.

Exhibit P7 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764C.

Exhibit P8 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764D.

Exhibit P9 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764F.

Exhibit P10 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J.

Exhibit P11 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J1.

Exhibit P12 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J2.

Exhibit P13 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J3.

Exhibit P14 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J4.

Exhibit P15 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J5.

Exhibit P16 THE COPY OF THE DEMAND NOTICE DATED 08/10/2021 ISSUED BY THE 2ND RESPONDENT WITH RESPECT TO BUILDING NO.17/764J6.