Disposed

Jose v. Ayyampuzha Grama Panchayath

Kerala HC15 Nov 2012WP(C)/17829/2012

Case brief

AI extract

What is this about?

Writ petition filed for release of Rs.1,49,618/- representing sale value of pigs seized by Panchayat due to lack of license. Court found no judicial provision for such forfeiture. Petitioner directed to dispose of application refunding amount within one month. Writ disposed.

What did the court decide?

Cost Petitioner shall refund Rs.1,49,618/- if no provision for forfeiture exists under the Panchayat Raj Act.

Jose Vs Ayyampuzha Grama Panchayath — Constitutional and Fundamental Rights | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THURSDAY, THE 15TH DAY OF NOVEMBER 2012/24TH KARTHIKA 1934

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WP(C).No. 17829 of 2012 (C)

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PETITIONER:

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JOSE, D/O. DEVASSY, MEPPILLY HOUSE, PANDUPARA KARA, AYYAMPUZHA VILLAGE, ALUVA TALUK.

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BY ADV. SRI.DINESH MATHEW J.MURICKEN.

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RESPONDENTS:

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1. AYYAMPUZHA GRAMA PANCHAYATH, AYYAMPUZHA P.O., PIN-683 581, REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY AYYAMPUZHA GRAMA PANCHAYATH, AYYAMPUZHA P.O, PIN-683 581.

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R1 & R2 BY ADVS. SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN, SRI.V.S.SHIRAZ BAVA.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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W.P.(C). NO.17829/2012-C:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1:	COPY OF THE MEDICAL CERTIFICATE PERTAINING TO THE PETITIONER'S TREATMENT ISSUED BY THE MEDICAL COLLEGE HOSPITAL, THRISSUR DATED 18/5/2012.
EXT.P2:	COPY OF THE MEDICAL CERTIFICATE PERTAINING TO THE PETITIONER'S TREATMENT ISSUED BY THE MEDICAL COLLEGE HOSPITAL, THRISSUR DATED 19/6/2012.
EXT.P3:	COPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT DATED 21/5/2012.
EXT.P4:	COPY OF THE ORDER IN M.P.NO.888/2012 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERUMBAVOOR, DATED 1/6/2012.
EXT.P5:	COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13/7/2012.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE

Prv.

A.M.SHAFFIQUE, J.

---------------------------------------------------W.P.(C) No. 17829 of 2012

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--------------------------------------------------Dated this the 15^th day of November, 2012

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J U D G M E N T

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This writ petition is filed for a direction to the 2^nd respondent to consider Ext.P5. Ext.P5 is an application filed by the petitioner for release an amount of Rs.1,49,618/-. This amount represents the value of the pigs sold by the respondent which was seized from the farm of the petitioner on the ground that the petitioner's farm did not have the proper licence. According to the learned counsel for the petitioner, there is no provision under the Panchayat Raj Act or the Rules framed thereunder enabling the Panchayat to forfeit the said amount which is the sale value of the pigs and prima facie it appears so.

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Though notice is served on the Panchayat, learned counsel for the petitioner seeks time to file counter affidavit, I do not think that as matters stand now, there is any reason for waiting for the counter affidavit of the respondent.

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In that view of the matter, I hereby direct the respondent Panchayat to dispose of Ext.P5 within a period of two weeks from the date of receipt of a copy of this judgment. If

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W.P.(C) No. 17829 of 2012

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there is no provision for forfeiting the said amount of Rs.1,49,618/-, the same shall be paid to the petitioner within a period of one month from the date of passing of such order.

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The writ petition is disposed of as above.

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A.M.SHAFFIQUE, JUDGE.

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rka

Jose v. Ayyampuzha Grama Panchayath

Case brief

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Jose v. Ayyampuzha Grama Panchayath

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