Anvar Khan A vs Vakkom Grama Panchayath
2023 Latest Caselaw 490 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                     WP(C) NO. 688 OF 2023
PETITIONER:

         ANVAR KHAN A
         AGED 37 YEARS
         S/O. AHAMMAD KUNJU, MUMTHAS MANZIL,
         VAKKOM P.O., KAYALVARAM, VAKKOM VILLAGE,
         THIRUVANANTHAPURAM DISTRICT, PIN - 695308

         BY ADVS.
         GEORGE SEBASTIAN
         K.RAJENDRAN CHETTIAR
RESPONDENTS:

    1    VAKKOM GRAMA PANCHAYATH
         REPRESENTED BY ITS SECRETARY,
         OFFICE OF THE VAKKOM GRAMA PANCHAYATH,
         VAKKOM P.O., THIRUVANANTHAPURAM DISTRICT
         PIN - 695308
    2    THE SECRETARY,
         VAKKOM GRAMA PANCHAYATH,
         OFFICE OF THE VAKKOM GRAMA PANCHAYATH,
         VAKKOM P.O., THIRUVANANTHAPURAM DISTRICT,
         PIN - 695308
    3    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO THE DEPARTMENT
         OF LOCAL SELF GOVERNMENT , SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

         BY ADV SASITH PANICKER R1 AND R2
         SMT.DEEPA NARAYANAN SR GP


     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 11.01.2023,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.688 of 2023

                               2




                           JUDGMENT

Dated this the 11th day of January, 2023

The petitioner is before this Court aggrieved by the

exorbitant demand of arrears of rent from the petitioner.

2. The petitioner states that he was entrusted with the

work of collection of gate fees from a market owned by the 1 st

respondent-Vakkom Grama Panchayat for the financial year

2021-2022. The total amount to be paid by the petitioner was

₹7,51,000/- and the petitioner had paid an amount of

₹1,87,750/- when the work was confirmed to him on

15.03.2021.

3. On account of Covid-19 restrictions, the market

was not functioning during the relevant period and therefore,

the petitioner could not pay the balance amount. The

petitioner requested the Panchayat authorities to return the

amount already paid by him. Without hearing the petitioner WP(C) No.688 of 2023

and without making any adjudication, the 2nd respondent-

Secretary to the Grama Panchayat issued Ext.P2 notice

asking the petitioner to pay an amount of ₹3,78,030/-

immediately. The 2nd respondent is not having the power and

authority to issue such a notice. No impartial authority has

considered the issue. The purpose and import of Exts.P3 to

P7 Government Orders were not considered by the

2nd respondent. This Court had admitted a similar writ petition

and Ext.P8 is the order of interim stay in the said writ petition.

The said writ petition is pending consideration.

4. Counsel for the petitioner argued that there is no

decision by the Committee of the Panchayat to demand any

amount from the petitioner. The 2nd respondent has no right or

authority to demand any amount. The petitioner has already

paid ₹1,87,750/- to the 1st respondent. The petitioner could

not do any work during the Covid-19 pandemic period.

Therefore, the respondents are compellable to reassess the

amount due from the petitioner.

WP(C) No.688 of 2023

5. Standing Counsel entered appearance on behalf of

the Vakkom Grama Panchayat and resisted the writ petition.

The Standing Counsel submitted that rent exemption has

been granted upto a period of three months in all cases

coming under the Panchayat. The petitioner has also been

extended with such benefits. If the petitioner claims any other

exemptions/reduction, the petitioner can approach the

Panchayat authorities filing appropriate representation, in

which case, the Panchayat can take appropriate decision in

accordance with law.

6. In view of the stand taken by respondents 1 and 2,

I am of the view that no adjudication of the issues involved is

necessary at this stage and the petitioner can be permitted to

file appropriate representation before the 1st respondent.

The writ petition is accordingly disposed of permitting the

petitioner to file a representation before the 1 st respondent-

Vakkom Grama Panchayat, within a period of two weeks. If

the petitioner prefers such representation, the 1 st respondent WP(C) No.688 of 2023

shall consider the same and take appropriate decision

thereon, within a further period of three months. If the

petitioner prefers representation within a period of two weeks

as directed above, any coercive proceedings against the

petitioner shall stand deferred till the Committee takes a

decision in the matter. The Committee shall take a decision in

the matter untrammeled by any of the observations contained

in Ext.P2 Notice. The petitioner shall be provided with an

opportunity of hearing while taking a decision.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.688 of 2023

APPENDIX OF WP(C) 688/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE NUMBER A3-

987/2022 DATED 12.04.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE NOTICE NUMBER A5-

987/2022 DATED 04.07.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE GOVERNMENT ORDER (ORDINARY) NO 1278/2020 /LSGD DATED 29.06.2020 Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER (ORDINARY) NO 1015/2021/LSGD DATED 19.05.2021 Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER (MS) NO 115/2021/FINANCE DATED 30.09.2021 Exhibit P6 A TRUE COPY OF THE GOVERNMENT ORDER (MS) NO.261/2021/LSGD DATED 06.11.2021 Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER (ORDINARY) NO.801/2022/ LSGD DATED 31.03.2022 Exhibit P8 A TRUE COPY OF THE ORDER DATED 27.10.2022 IN WP(C).34220/2022 BY THIS HON'BLE COURT