Allowed

V.Mohammed Hassan v. Ramanattukara Grama Panchayath

Kerala HC5 Aug 2009WA/1720/2009

Case brief

AI extract

What is this about?

This judgment permitted the appellant to withdraw the underlying writ petition on the condition of depositing Rs.40,000 with the first respondent Panchayat. The High Court set aside the Single Judge's judgment and disposed of the writ appeal by allowing withdrawal under these terms, while clarifying the appellant's rights regarding fee claims.

What did the court decide?

Permitted withdrawal of writ petition on condition of depositing Rs.40,000; single judge judgment set aside; writ petition dismissed as withdrawn; writ appeal disposed of.

V.Mohammed Hassan Vs Ramanattukara… — Constitutional and Fundamental Rights | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH &

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931

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WA.No. 1720 of 2009()

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--------------------AGAINST THE JUDGEMENT IN WPC.11952/2008 Dated 03/04/2009

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APPELLANT/PETITIONER:

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V.MOHAMMED HASSAN, 'AMAR',

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GOVT.HOSPITAL ROAD, P.O.FEROKE, KOZHIKODE.

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BY ADV. SRI.AVM.SALAHUDIN

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RESPONDENTS/RESPONDENTS:

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RAMANATTUKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, RAMANATTUKARA P.O., KOZHIKODE DISTRICT.

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THE SECRETAY, RAMANATTUKARA GRAMA PANCHAYAT, RAMANATTUKARA P.O., KOZHIKODE DISTRICT.

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R1 & R2 BY ADV. SRI.K.JAYAKUMAR

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.R. Bannurmath, C.J. & Kurian Joseph, J.

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W.A.No. 1720 OF 2009

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- - - - Dated this, the 5^th day of August, 2009

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JUDGMENT

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Kurian Joseph, J.

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Appellant is the petitioner. He approached this Court with certain grievance regarding the licence to run the comfort station maintained by the first respondent Panchayat. Learned Single Judge taking note of the intervening developments granted sanction for the first year and directed the petitioner to remit an amount of Rs.88,396/- towards the fee for the period he was running the station based on the interim order passed by this Court.

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Learned counsel for the appellant submits that in

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view of the peculiar facts and circumstances of the case, wherein he has actually suffered heavy loss, he may be permitted to approach the Panchayat by way of an appropriate representation by withdrawing the writ petition. We are afraid, the request as such cannot be considered. The writ petitioner having enjoyed certain benefits based on the

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WA No.1720/09

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-:2:-

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interim order passed by this Court, unconditional withdrawal will not be just and proper. However, taking note of the fact that the grievances of the petitioner are also to be considered by the Panchayat, we feel that the request can be granted on condition that the petitioner deposits a substantial portion of the amount.

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Accordingly, we permit the appellant to withdraw the writ petition on condition that the writ petitioner deposits an amount of Rs.40,000/- with the first respondent Grama Panchayat within a month. The judgment of the learned Single Judge is set aside and the writ petition is dismissed as withdrawn and the writ appeal is disposed of as above with a direction to the appellant to deposit an amount of Rs.40,000/- within a month from today. The appellant is permitted to make an appropriate and comprehensive representation before the first respondent Panchayat within such period. The Panchayat will consider the matter with notice to the petitioner and pass appropriate orders. Deposit already made will be subject to the decision taken by the Panchayat.

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WA No.1720/09

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-:3:-

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We make it clear that the appellant/petitioner shall not be entitled to take a contention before the Panchayat that the Panchayat cannot claim any amount in respect of the year 2008-09 only on account of non-execution of an agreement, since the appellant has continued to enjoy the licence on account of the interim order passed by this Court.

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S.R. Bannurmath, Chief Justice.

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Kurian Joseph, Judge.

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ttb

V.Mohammed Hassan v. Ramanattukara Grama Panchayath

Case brief

What is this about?

What did the court decide?

V.Mohammed Hassan v. Ramanattukara Grama Panchayath

Case brief

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