This Writ Appeal challenges the High Court of Kerala Single Judge which dismissed the writ petition. The High Court allows continued occupation till 30 November 2014 only if the appellants file an undertaking to vacate by that date and pay rent; otherwise, the appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 1ST DAY OF OCTOBER 2014/9TH ASWINA, 1936 WA.No. 1357 of 2014 () IN WP(C).5345/2014
AGAINST THE ORDER/JUDGMENT IN WP(C) 5345/2014 of HIGH COURT OF KERALA DATED 23-05-2014
APPELLANT(S):
1. JOHNSON V.M. AGED 55 YEARS S/O.V.T.MATHAI, VADAKOOT HOUSE, PAVARATTY THRISSUR
2. MURALI M.K AGED 55 YEARS S/O.KUNJUNNI, MUNDATHARA HOUSE, PALUVAI THRISSUR 3. ABDUL JALEEL P.L., AGED 60 YEARS S/O.MUHAMMED, PALAKKOTT HOUSE, PAVARATTY THRISSUR 4. THOMAS C.M. AGED 55 YEARS S/O.MATHAI, CHIRAYATH HOUSE, CHITTATTUKARA THRISSUR
5. JOSE N.P AGED 64 YEARS S/O.PORINCHUKUTTY, NEELAMKAVIL HOUSE, PAVARATTU THRISSUR
BY ADV. SRI.MATHEW KURIAKOSE
RESPONDENT(S):
1. THE PAVARATTY GRAMA PANCHAYAT PAVARATTY P.O., THRISSUR REPRESENTED BY ITS SECRETARY - 680 507
2. THE SECRETARY, PAVARATTY GRAMA PANCHAYAT, PAVARATTY P.O. THRISSUR - 680 507 BY ADV.SRI.RENJITH THAMPAN (SR.) ADV. SMT.P.R.REENA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J
W.A.No. 1357 of 2014
Dated this the 1st October, 2014 JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the appellants and respondents.
2
WA.1357/14
the Panchayat that the writ petitioners be offered shops in the Community Hall at the lowest bid, which is received with regard to other shops, which shall be settled by auction. The writ petitioners initially gave their consent for accepting the shops at the alternative place. However, they were communicated that the rate of rent would be ₹ 7,700/- for the rooms being the lowest bid amount, but the writ petitioners did not accept or occupy the shops. The writ petitioners were issued notice to vacate the premises. Then they filed the Writ Petition.
3
WA.1357/14
was excessive. He submits that it was understood that the writ petitioners shall be offered shops at a reasonable rent. As per the resolution of the Panchayat, the rate of rent was fixed at the lowest bid, which was received by auction. According to the Municipality, 7,700/- was the₹ lowest bid amount. We do not find any error in the judgment of the learned Single Judge dismissing the Writ Petition.
4
WA.1357/14
writ petitioners shall be allowed to continue in occupation till 30th November, 2014. Continuance of the premises by
the writ petitioners shall be subject to payment of rent.
Subject to the above observation, the Writ Appeal is
dismissed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE
A.M.SHAFFIQUE, JUDGE
vgs1/10/14
Johnson V.M. and others
Pavaratty Grama Panchayat
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
