Petitioner sought reconsideration of an earlier order regarding lease continuation. Dismissed writ petition as prior judgments by this Court and Tribunal barred continuation under Kerala Panchayat Raj Act.
Petitioner's writ petition dismissed without allowance of continuation of lease.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930
WP(C).No. 1110 of 2009(F)
PETITIONER(S):
CHELLAPPAN
AGED 48 YEARS, S/O.RAMAN, PUNNALAM, ADIMALI, IDUKKI DISTRICT.
BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM)
RESPONDENT(S):
GOVT. PLEADER SRI. K.V. MANOJ KUMAR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. Siri Jagan, J.
Dated this, the 11th February, 2009.
The petitioner is seeking a relief, which has been consistently negatived by this Court in Ext. P1 judgment, by the Tribunal for local Self Government Institutions in Ext. P2 order and by the Government in Ext. P7 order. The contention now raised is that in view of Ext. P8 letter from the Panchayat, the Government should be directed to re-consider the matter.
I am of opinion that even the Panchayat cannot now overlook the judgment of this Court and the order of the Tribunal as well as the order of the Government in so far as the very same relief which the petitioner seeks has been negatived on merits. Both the Government and the Tribunal found that in view of the Kerala Panchayat Raj Act, the petitioner cannot be allowed to continue the lease of the shop room in question in so far as the right for lease of the same has to be auctioned. In the above circumstances, I do not find any merit in the writ petition and accordingly the same is dismissed.
Sd/- S. Siri Jagan, Judge.
Tds/
[True copy]
P.S to Judge.
2 issues framed by the court
Whether the petitioner can continue the lease of the shop room in view of provisions under the Kerala Panchayat Raj Act requiring auction of leases.
Whether a representation from the Panchayat can alter the previous findings of the Court and the Tribunal on merits.
1 provisions across 1 enactments
Chellappan
Adimali Grama Panchayath
State of Kerala
K.M. Salim
S. Siri Jagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
