Souda Beevi vs Navayikulam Grama Panchayat
2023 Latest Caselaw 9086 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                         WP(C) NO. 18994 OF 2023
PETITIONERS:

     1        SOUDA BEEVI
              AGED 62 YEARS
              W/O LATE ABDUL VAHID, RESIDING AT ANUGRAHA,
              VETTIYARA.P.O, NAVAYIKULAM, THIRUVANATHAPURAM,
              PIN - 695603
     2        JAMEELA.S
              AGED 36 YEARS
              D/O ABDUL VAHID, RESIDING AT ANUGRAHA,VETTIYARA.P.O,
              NAVAYIKULAM, THIRUVANATHAPURAM, PIN - 695603
              BY ADVS.
              U.P.BALAKRISHNAN
              C.H.ABDUL RASAC


RESPONDENTS:

     1        NAVAYIKULAM GRAMA PANCHAYAT
              P.O NAVAYIKULAM, TIRUVANANTHAPURAM- REPRESENTED BY ITS
              SECRETARY,, PIN - 695603
     2        THE SECRETARY
              NAVAYIKULAM GRAMA PANCHAYAT, P.O NAVAYIKULAM,
              TIRUVANANTHAPURAM, PIN - 695603
     3        JASEELA. S
              W/O MUBHASH, HAJIRA MANZIL, THAZHAMEL, ANJAL.P.O,
              THIRUVANATHAPURAM, PIN - 691306
              BY ADVS.
              BIJU BALAKRISHNAN (SC)-R1& R2



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.18994 OF 2023
                                 2



                             JUDGMENT

Dated this the 23rd day of August, 2023

The petitioners are before this Court seeking to direct

respondents 1 and 2 not to change Ext.P1 licence in the name

of the 3rd respondent or to change the ownership of the

building bearing Nos.610, 610B, 610C, 611 and 612B in Ward

No.1 of the 1st respondent-Grama Panchayat in the name of

the 3rd respondent.

2. From the pleadings it is evident that the building

and Industrial Unit situated therein was in the name of late

Vahid, who is the husband of the 1st petitioner and the father of

the 2nd petitioner and the 3rd respondent. The said Vahid

passed away on 04.04.2023.

3. The petitioners submit that there are civil litigations

pending as regards the estate of the deceased Vahid. The

petitioners apprehend that the 3rd respondent will be taking WP(C) NO.18994 OF 2023

steps to change the licence of the Industrial Unit and

ownership of the building in her name clandestinely on the

basis of an alleged gift deed. The petitioners would dispute the

legality of the so-called gift deed.

Taking into consideration the afore facts, the writ petition

is disposed of directing that if the 3rd respondent submits an

application for change of licence of the Industrial Unit or for the

change of ownership of the building in question, then

respondents 1 and 2 shall take decision thereon, only after

giving an opportunity of hearing to the petitioners.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.18994 OF 2023

APPENDIX OF WP(C) 18994/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LICENSE OF THE ICE PLANT Exhibit P2` TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY LAKESHORE HOSPITAL DATED 05.05.2020 Exhibit P3 TRUE COPY OF THE INJUNCTION ORDER IN IA 1 /2023 IN OS 40/2023 OF SUB COURT ATTINGAL Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 2.5.2023 Exhibit P5 TRUE COPY OF THE SAID REPRESENTATION AGAINST CHANGE OF OWNERSHIP DATED 02.05.2023