High Court of KeralaWP(C)/13135/2014disposed of

George Thomas v. The Secretary, Manimala Grama Panchayath

2015-01-27Honourable Mr. Justice Dama Seshadri Naidu6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 WP(C).No. 13135 of 2014 (N) ---------------------------- PETITIONER:

--------------- GEORGE THOMAS, AGED 45 YEARS, S/O.THOMAS, VALAYATH, MANIMALA P.O.

KOTTAYAM DISTRICT.

BY ADV. SRI.K.R.SUNIL RESPONDENT:

-----------------

1. THE SECRETARY, MANIMALA GRAMA PANCHAYATH, MANIMALA P.O.

KOTTAYAM DISTRICT.

ADDL. R2 IMPLEADED:

THE TREASURY OFFICER, DISTRICT TREASURY OFFICE KOTTAYAM DISTRICT - 686 001.

(ADDL.R2 IMPLEDED AS PER ORDER DATED 08.08.2014 IN I.A. 10727/2014.) R1 BY ADV. SRI.SHAJI THOMAS R1 BY ADV. SRI.N.NAGARESH R1 BY ADV. SRI.BINU PAUL R1 BY ADV. SRI.T.V.VINU R2 BY ADV. GOVERNMENT PLEADER R BY SMT. SANJEETHA K.A., GOVERNMENT PLEADER (BY ORDER) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13135 of 2014 (N) ---------------------------- APPENDIX APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : TRUE COPY OF THE NOTICE DATED 14/5/2014 ISSUED BY THE RESPONDENT.

EXT.P2 :

. TRUE COPY OF THE REQUEST DATED 18/3/2014 SUBMITTED BY THE PETITONER.

EXT.P3 :

TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.9223/2011.

RESPONDENTS' EXHIBITS:

EXT.R1(a) :

TRUE COPY OF THE LETTER NO.A4/3095/2012 DATED 05.04.2013 ISSUED BY THE DISTRICT TREASURY OFFICER, KOTTAYAM.

EXT.R1(b) :

TRUE COPY OF THE RESOLUTION NO.V DATED 16.07.2013 OF THE MANIMALA GRAMA PANCHAYATH.

EXT.R1(c) :

TRUE COPY OF THE RESOLUTION NO.III DATED 30.12.2013 OF THE COMMITTEE OF MANIMALA GRAMA PANCHAYATH. EXT.R1(d) :

TRUE COPY OF THE NOTICE NO.A2/31/2014 DATED 01.01.2014 ISSUED BY THE RESPONDENT.

EXT.R1(e) :

TRUE COPY OF THE LETTER NO.A2-1181/14 DATED 17.06.2014 ISSUED BY THE RESPONDENT.

//TRUE COPY// P.A. TO JUDGE rv

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 13135 of 2014 (N) ---------------------------------- Dated this the 27th day of January, 2015.

JUDGMENT

Heard the learned counsel for the petitioner, the learned counsel for the respondent Grama Panchayath and the learned Government Pleader, apart from perusing the record.

2. Briefly stated, the petitioner, a tenant since 2005 of room No. 9 of the shopping complex owned by the respondent Grama Panchayath, has an apprehension that without either renewing the lease or putting up the shop for public auction, the Grama Panchayath has been making hectic efforts to induct some third parties as tenants after evicting the petitioner, without taking recourse to due process. With the said apprehension, the petitioner has filed the present writ petition.

3. The respondent Grama Panchayath has filed its counter affidavit. In tune with the averments made therein, the learned counsel for the Grama Panchayath has submitted

-2that the Grama Panchayath does not have any intention to let out the property to any third party in violation of the provisions of Kerala Panchayath Raj (Acquisition and Disposal of Property) Rule, 2005. He has further submitted that in the light of dearth in accommodation, the Government of Kerala has proposed to establish a Sub-Treasury within the Grama Panchayath and that, after consultation, it has been decided by the Grama Panchayath that room No.9, which is presently in occupation of the petitioner, after the expiry of the lease period, be given to the Government of Kerala for the purpose of establishing the SubTreasury.

4. The learned counsel for the petitioner, to his credit, has fairly submitted that in such an event as has been proposed by the Grama Panchayath, the petitioner cannot have any grievance. At any rate, the learned counsel for the petitioner has submitted that if the Grama Panchayath is not letting out the property to any Governmental agency, it ought to take steps either to renew the petitioner's lease or to put up the property in

-3public auction.

Based on the submission made by the learned counsel for the Grama Panchayath, this Court disposes of the writ petition with a direction to the respondent Grama Panchayath that if the property is not let out to the State of Kerala, as has been averred in the counter affidavit, it shall be taking all necessary steps concerning the shop room in question strictly in accordance with law.

sd/- DAMA SESHADRI NAIDU, JUDGE.

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