Justine Sebastian vs Chirakadavu Grama Panchayat ...
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Kerala High Court

Justine Sebastian vs Chirakadavu Grama Panchayat ... on 13 September, 2024

WP(C) No.32946/2024                       1/3                        Order Date : 13-09-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
            Friday, the 13th day of September 2024 / 22nd Bhadra, 1946
                              WP(C) NO. 32946 OF 2024
   PETITIONER:

          JUSTINE SEBASTIAN, AGED 49 YEARS, NEDUMTHAKADIYEL
          (VADAKKETHAKADIYEL), KOORALI P.O, KOTTAYAM DISTRICT,   PIN-686522

   RESPONDENTS:

      1. CHIRAKADAVU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY
         CHIRAKKADAVU GRAMA PANCHAYAT OFFICE, PONKUNNAM P.O, KOTTAYAM
         DISTRICT., PIN-686506
      2. THE SECRETARY, CHIRAKKADAVU GRAMA PANCHAYAT, PONKUNNAM P.O, KOTTAYAM
         DISTRICT., PIN-588656


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings pursuant to Exhibits P7, P9 and
   P10, in the interest of justice


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI. SERGI JOSEPH THOMAS, Advocate for the petitioner, the court passed
   the following:
 WP(C) No.32946/2024                         2/3                          Order Date : 13-09-2024




                              MOHAMMED NIAS C.P., J.
                           ---------------------------------------
                             W.P.(C) No.32946 of 2024
                 -----------------------------------------------------------
                 Dated this the 13th day of September, 2024


                                       ORDER

Learned Standing Counsel appears for the respondents.

There will be a direction to the respondents to file a statement.

Post on 11.10.2024.

There will be an interim order as prayed for, for a period

of two months on condition that the petitioner pays an amount of

Rs.50,000/- (Rupees Fifty thousand only) within three weeks from

today.

Sd/-

MOHAMMED NIAS C.P. JUDGE Jvt/13.9.2024 WP(C) No.32946/2024 3/3 Order Date : 13-09-2024

APPENDIX OF WP(C) 32946/2024 Exhibit P1 TRUE COPY OF THE LEASE DEED DATED 17/04/2012 FOR THE YEAR 2012-2013 EXECUTED BY SRI. JOY SEBASTIAN, THE BROTHER OF THE PETITIONER Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 03/04/2014 OF JOY SEBASTIAN, THE BROTHER OF THE PETITIONER, ISSUED BY THE ELIKKULAM GRAMA PANCHAYAT Exhibit P3 TRUE COPY OF THE APPLICATION DATED 25/02/2013 FOR RENEWAL OF THE LEASE DEED SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 28/03/2013 SENT BY THE FIRST RESPONDENT PANCHAYAT THAT THE PETITIONER Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 16/04/2013 IN W.P.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 03/08/2021 IN W.P. (C)

Exhibit P7 TRUE COPY OF THE NOTICE NO. SCT 10786/23 DATED 15/12/2023 SENT BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE REPLY DATED 17/01/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE NOTICE NO.

400521/GARC15/GPO/2024/521(1) DATED 23/01/2024 SENT BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P10 TRUE COPY OF THE RR NOTICE DATED 09/07/2024 SENT BY THE 2ND RESPONDENT