Khaleel vs Mavelikkara Thamarakulam Panchayat
2024 Latest Caselaw 27363 Ker

Kerala High Court

Khaleel vs Mavelikkara Thamarakulam Panchayat on 11 September, 2024

W. P. (C) No. 12751 of 2024
                                     -1-

                                                  2024:KER:69382
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

  WEDNESDAY, THE 11th DAY OF SEPTEMBER 2024 / 20TH BHADRA,

                                    1946

                         WP(C) NO. 12751 OF 2024

PETITIONER/S:

              KHALEEL,
              AGED 45 YEARS
              S/O. SALEEM RAWATHAR, SALEEM MANZIL, THAMARAKULAM
              P.O., MAVELIKKARA, PIN - 690530
              BY ADV A.SHAFEEK (KAYAMKULAM)


RESPONDENT/S:

              MAVELIKKARA THAMARAKULAM PANCHAYAT
              THAMARAKULAM P.O., ALAPPUZHA DISTRICT REPRESENTED
      1
              BY ITS SECRETARY, PANCHAYAT OFFICE, THAMARAKULAM
              P.O., ALAPPUZHA DISTRICT, PIN - 690530
              THE SECRETARY,
              MAVELIKKARA THAMARAKULAM PANCHAYAT OFFICE,
      2
              THAMARAKULAM P.O., ALAPPUZHA DISTRICT, PIN -
              690530
              THE MAVELIKARA THAMARAKULAM PANCHAYAT COUNCIL
              REPRESENTED BY ITS PRESIDENT, PANCHAYAT OFFICE,
      3
              THAMARAKULAM P.O., ALAPPUZHA DISTRICT, PIN -
              690530
              BY ADV S.K.SAJI


OTHER PRESENT:

              SMT.PREETHA K.K., SR.GP


       THIS    WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION      ON    11.09.2024,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 12751 of 2024
                                      -2-

                                                              2024:KER:69382



                                JUDGMENT

The writ petition has been filed for the following reliefs:-

"i) To issue a writ of mandamus or any other appropriate

writ or order compelling the respondents to permit the petitioner to

pay the amounts shown in Exts. P1 & P2 in instalments;

ii) To issue a writ of mandamus or any other appropriate

writ or order compelling the respondents to exempt the petitioner from

paying the rent for 6 months during which the shops were closed due

to COVID 19."

2. On 27.03.2024, an interim order was granted to the

petitioner on condition that the petitioner pay Rs. 1,50,000/- within two

weeks. The petitioner has not complied with the said order.

3. Today when the matter is taken up, the learned counsel for

the petitioner submitted that a Demand Draft for Rs. 1,50,000/- has

already been handed over to the learned counsel for the respondents.

This is recorded. Petitioner also submits that he is willing to pay the

balance amount in 6 equal monthly instalments.

4. Accordingly, the petitioner is directed to pay the balance

amount in 6 equal monthly instalments starting from 15.10.2024. If the

petitioner makes even a single default, he will lose the benefit of this

judgment and it will be open to the respondents to realise the amount

2024:KER:69382 from the petitioner, in accordance with law.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE

Eb

2024:KER:69382 APPENDIX OF WP(C) 12751/2024

PETITIONER EXHIBITS

TRUE COPY OF THE NOTICE DATED NIL WITH RESPECT TO SHOP ROOM NO. 2 (NEW) ISSUED Exhibit P1 BY THE 2ND RESPONDENT TO THE PETITIONER

TRUE COPY OF THE NOTICE DATED NIL WITH RESPECT TO SHOP ROOM NO. 11 (NEW) Exhibit P2 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER