Laly Christy vs Mundakayam Grama Panchayat
2025 Latest Caselaw 8278 Ker

Kerala High Court

Laly Christy vs Mundakayam Grama Panchayat on 25 April, 2025

                                              2025:KER:33104
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE S.MANU

 FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947

                       WP(C) NO. 16922 OF 2025

PETITIONER:

               LALY CHRISTY, AGED 63 YEARS,
               PRESIDENT VANITHA CANTEEN MUNDAKAYAM
               W/O CHRISTY BOY CLEETUS, KURISINKAL (H)
               RPC P O VANDANPATHAL, MUNDAKKAYAM,
               KOTTAYAM DISTRICT, PIN - 686513.

               BY ADVS. JUSTINE JACOB
               SUMESH P.S.
               MERIN JOSE
               MALAVIKA RADHAKRISHNAN
               JUSTIN DAVID


RESPONDENTS:

    1          MUNDAKAYAM GRAMA PANCHAYAT
               REPRESENTED BY ITS SECRETARY MUNDAKKAYAM,
               MUNDAKKAYAM P O, KOTTAYAM, PIN - 686513.

    2          SECRETARY,
               MUNDAKKAYAM GRAMA PANCHAYAT MUNDAKKAYAM,
               MUNDAKKAYAM P O, KOTTAYAM, PIN - 686513.

               BY ADV CHITHRA CHANDRASEKHRAN


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   25.04.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2025:KER:33104
WP(C) NO. 16922 OF 2025

                                    -2-
                          JUDGMENT

The petitioner impugns Ext.P4 notice issued

by Mundakayam Grama Panchayat. By Ext.P4, the

Panchayat has directed the petitioner to stop the

functioning of the canteen run by a Women's Society

of which the petitioner is the President.

2. Heard the learned counsel for the

petitioner and the learned Standing Counsel

appearing for the respondent - Panchayat.

3. The learned Standing Counsel for the

Panchayat submits that the canteen was permitted to

be run by a group of persons, and all other members

of the group have represented to the Panchayat to

stop the activity. She also submitted that the

period of agreement was over by 31.03.2025.

4. The learned counsel for the petitioner, on

the other hand, submits that the canteen was being

run for a long period, and the petitioner submitted 2025:KER:33104 WP(C) NO. 16922 OF 2025

Ext.P5 representation to the Secretary of the

Panchayat.

5. Taking note of the aforesaid submissions,

this Writ Petition is disposed of, directing the

Secretary of the Mundakayam Grama Panchayat to

consider Ext.P5 representation, hear the petitioner

and the persons who have submitted the

representation to the Panchayat, and take a decision

on the representations within a period of two weeks.

6. Needless to say, till a decision is taken,

the petitioner shall be permitted to continue the

canteen. All other contentions are left open.

This Writ Petition is disposed of as above.

Sd/-

S.MANU JUDGE

akv 2025:KER:33104 WP(C) NO. 16922 OF 2025

APPENDIX OF WP(C) 16922/2025

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE LICENCE DATED 17.07.2024, VALID UP TO 31.03.2025, ISSUED BY THE RESPONDENTS

EXHIBIT P2 A TRUE COPY OF THE ACKNOWEDGEMENT RECEIPT RECIVED WHILE FILLING APPLICATION FOR RENEWAL LICENSE DATED 18.03.2025

EXHIBIT P3 A TRUE COPY OF RENEWAL OF THE RENTAL AGREEMENT ON 24.03.2025

EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 21.04.2023 DIRECTED THE PETITIONER TO SHUT DOWN THE CANTEEN OPERATIONS

EXHIBIT P5 . A TRUE COPY OF THE REPLY DATED 21.04.2025 FOR THE EXHIBIT P4 NOTICE

EXHIBIT P6 A TRUE COPY OF THE RECIPIT DATED 22.04.2025 EVIDENCING SUBMISSION OF EXHIBIT P5

EXHIBIT P7 A TRUE COPY OF THE RECEIPT DATED 25.03.2025 FOR PAYMENT OF RENT FOR THE MONTH OF MARCH 2025