K.Shafeef vs Secretary
2022 Latest Caselaw 10097 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                   WP(C) NO. 25082 OF 2009




PETITIONER:

          K.SHAFEEQ, S/O.MOOSA,
          KANNOTH HOUSE, PADINHARATHARA.P.O.,
          WAYANAD DIST.,, PIN-673575.
          BY ADV SRI.K.SHAFEEK (PARTY)

RESPONDENTS:

    1     SECRETARY
          PADINHARATHARA GRAMA PANCHAYATH,
          PADINHARATHARA P.O., WAYANAD DIST., PIN-673575.
    2     PANCHAYATH COMMITTEE,
          PADINHARATHARA GRAMA PANCHAYATH,
          REP. BY ITS PRESIDENT,, PADINHARATHARA.P.O.,
          WAYANAD DIST. PIN-673575.
          BY ADV SRI.P.C.SASIDHARAN


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.25082/2009

                                     2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                      W.P.(C).No.25082 of 2009
                ----------------------------------------------
            Dated this the 15th day of September, 2022


                              JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records connected with the issuance of Exhibits P6 to P9 and quash the original of the same by issuing a writ of certiorari or to set aside the same through appropriate proceedings. ii. Issue a writ of mandamus or any other writ or order commanding the respondent authorities not to proceed with Recovery steps against the petitioner based onExts. P6 to P9 and to stay all further proceedings pursuant to the same pending disposal of the above Writ Petition and also to direct the respondent not to adjust the deposit amounts of the petitioner against any claims based on Exts.P6 to P9.

iii. Issue another writ of mandamus or appropriate writ orders or direction directing the respondents to release the entire deposit amount remitted by the petitioner as per Exts. P1 to P5 receipts as well as stamp duty payments and to refund the W.P.(C).No.25082/2009

same with 12% interest from the date of its remittance forthwith to the petitioner and also to refund the stamp duty amount (5% of annual rent for 3 years) to the petitioner forthwith without adjusting it against his any liability. iv. Issue appropriate writ orders or direction declaring that the petitioner is not entitled to remit any of the amounts mentioned in Exts.P6 to P9 as he has not commenced any trade or in legal possession of the shop rooms mentioned herein and to declare that the issuance of those Revenue Recovery Demand Notices are illegal and unjustifiable and the backing out from auction by the petitioner is justifiable as there was no agreement executed.

v. Issue another writ of mandaus or any other appropriate direction directing the respondents to take immediate most effective necessary steps to release the entire deposit amount of the petitioner based on Exhibits P10 and P11 representation of the petitioner within the least practical delay and to divert not to adjust any of the deposits remitted by the petitioner with the respondent Panchayath in connection with auction towards the liability of arrears of rent as mentioned in Exhibits P6 to P9 as the same is not entitled to be remitted by him and direct to accept the surrender of shop rooms. vi. Such other further reliefs or writ orders as this W.P.(C).No.25082/2009

Honourable Court deems fit and proper considering the facts and circumstances of the case in the interest of justice. vii. Allow the cost to the petitioner.

(SIC)

2. Petitioner is aggrieved by Exts.P6 to P9 demand

notices issued by the Panchayat. The grievance of the

petitioner is that even though the petitioner submitted

Exts.P10 and P11 representations, the same is not considered.

Hence this writ petition.

3. Heard.

4. This writ petition is pending before this Court from

2009 onwards. The only grievance of the petitioner is that the

petitioner is not given an opportunity of hearing and his

contentions raised in his representations are not considered.

If that is the case, this writ petition itself can be disposed of

directing the 1st respondent to consider Exts.P10 and P11 and

till then, the interim order already granted by this Court can

be directed to continue.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider and W.P.(C).No.25082/2009

pass appropriate orders in Exts.P10 and P11,

after giving an opportunity of hearing to the

petitioner, as expeditiously as possible, at any

rate, within three months from the date of

receipt of a copy of this judgment.

2. Till final orders are passed, all further

proceedings consequent to Exts.P6 to P9 shall

be kept in abeyance.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.25082/2009

APPENDIX OF WP(C) 25082/2009

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RECEIPT DATED 17.7.2007 FOR RS.26,000/- TOWARDS SOLVENCY & EMD.

Exhibit P2 TRUE COPY OF RECEIPT DATED 26.07.07 FOR RS.18,800/- TOWARDS RENT DEPOSIT. Exhibit P3 TRUE COPY OF RECEIPT DATED 09.08.07 FOR RS. 2000/- TOWARDS EMD FOR STALL NO. 4 & 8.

Exhibit P4 TRUE COPY OF RECEIPT DATED 30-8-2007 FOR RS.1,08,000/- TOWARDS ADVANCE DEPOSIT FOR 1 YEAR FOR STALL NO.4. Exhibit P5 TRUE COPY OF RECEIPT DATED 30.8.07 FOR RS. 1,20,000/- TOWARDS THE AUCTION

YEAR.

Exhibit P6 TRUE COPY OF NOTICE BEARING NO. A2-

189/07 DATED 27.11.2008 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF R.R.DEMAND NOTICE NO.A2-

189/07 (3) DATED 24.11.2008 FOR RS.57,770/-.

Exhibit P8 TRUE COPY OF R.R.DEMAND NOTICE DATED 24.11.08 FOR RS. 1,42,407/-.

Exhibit P9 TRUE COPY OF R.R.DEMAND NOTICE DATED 24.11.08 FOR RS.1,58,227/-.

Exhibit P10 TRUE COPY OF REPRESENTATION DATED 11.12.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P10(A) TRUE COPY OF ACKNOWLEDGEMENT RECEIPT FOR EXT. P10 REPRESENTATION.

Exhibit P11 TRUE COPY OF REPRESENTATION DATED 18.12.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT EXHIBITS Exhibit R1(A) A TRUE COPY OF NOTIFICATION DATED 2.7.2007.

Exhibit R1(B) A TRUE COPY OF RE-TENDER NOTIFICATION DATED 26.7.2007.

W.P.(C).No.25082/2009

Exhibit R1(C) A TRUE COPY OF THE DETAILS OF THE PERSONS PARTICIPATED IN THE AUCTION. Exhibit R1(D) A TRUE COPY OF THE LEASE DEED EXECUTED BY THE PETITIONER.

Exhibit R1(E) A TRUE COPY OF THE REPORT OF THE HEALTH INSPECTOR.

Exhibit R1(F) A TRUE COPY OF RECEIPT DATED 31.3.2009.