Petitioner challenged running of a lodge without a licence. Court held existing meeting minutes invalid as non-decision by Secretary. Directed Secretary to hear all parties and decide afresh within one month.
Directed Secretary to hear petitioner and R3 and take decision on representation ignoring Ext.R3(a) within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941
WP(C).No.17099 OF 2019(J)
PETITIONER:
SANTHOSH T.G, AGED 48 YEARS S/O.T.N.GANGADHARAN, FLAT NO-109C, METRO PARADISE, EDAYAKUNNAM, CHERANALLOOR-682024.
BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA KUM.K.S.SREEREKHA SRI.NABIL KHADER
RESPONDENTS:
1 CHERANALLOOR GRAMA PANCHAYAT
REP. BY ITS SECRETARY, CHERANALLOOR, ERNAKULAM, PIN-683544.
2 THE SECRETARY, CHERANALLOOR GRAMA PANCHAYAT, CHERANALLOOR, ERNAKULAM, PIN-683544.
4 THE STATION HOUSE OFFICER CHERANNALLUR POLICE STATION, ERNAKULAM, PIN-683544. SUO MOTU IMPLEADED AS PER ORDER DATED 08-07-2019.
R1-2 BY ADV. SRI.T.K.AJITHKUMAR (VALATH) R3 BY ADV. SRI.MATHEW B.KURIAN R3 BY ADV. SRI.K.T.THOMAS R3 BY ADV. SRI.NIKHIL BERNY R3 BY ADV. SRI.LITTO VARGHESE PALATHINKAL R4 BY GOVERNMENT PLEADER
GP K.J.MANURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court asserting that he
is the owner of a flat in a Residential Complex by name ‘Metro Paradise’ at Edayakkunnam and that the 3rd respondent, who is also the owner of another Apartment in the said Complex, is using his flat for the purpose of running a lodge, by renting it out on a daily basis to others including foreigners.
WP(C).No.17099 OF 2019(J)
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Resultantly, I direct the Secretary of the Panchayat to immediately hear the petitioner as well as respondent No.3 and take a decision on Ext.P3 representation, de hors the decision in Ext.R3(a), as expeditiously as is possible, but not later than one
month from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE
nak
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF THE SALE DEED NO.2489/1/2009 OF SRO ERNAKULAM EXECUTED IN FAVOUR OF THE PETITIONER. EXHIBIT P2 THE COPY OF THE PRINTOUT OF THE ADVERTISEMENT OF THE 3RD RESPONDENT'S FLAT SHOWN IN WWW.BOOKING.COM. EXHIBIT P3 THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS NO.1 AND 2, DATED 04.06.2019. EXHIBIT P4 THE COPY OF THE GUIDELINES ISSUED BY TEH MINISTRY OF TOURISM FOR APPROVAL OF GUEST HOUSES. EXHIBIT P5 THE COPY OF THE GUIDELINES ISSUED BY THE MINISTRY OF TOURISM FOR APPROVAL AND REGISTRATION OF INCREDIBLE INDIA BED AND BREAKFAST/HOMESTAY ESTABLISHMENTS
RESPONDENT'S/S EXHIBITS:
EXHIBIT R3(a) TRUE COPY OF THE PROCEEDINGS DATED 26.06.2019 OF THE CHERANELLOOR PANCHAYAT WITH TRANSLATION EXHIBIT R3(b) TRUE COPY OF THE LICENSE DATED NIL ISSUED BY CHERANELLOOR PANCHAYAT TO KUNJAMMA SEBASTIAN FOR THE PERIOD 26.04.2019 TO 31.03.2020 EXHIBIT R2(A) TRUE COPY OF THE LICENCE RENEWAL APLICATION DATED 26.4.2019 EXHIBIT R2(b) TRUE COPY OF THE LICENCE RENEWAL APLICATION DATED 26.4.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT R2(C) TRUE COPY OF THE MINUTES OF THEHEARING DATED26.06.2019
//TRUE COPY// P.A TO JUDGE
2 issues framed by the court
Whether the petitioner can seek quashing of minutes despite existence of a licence issued by the Panchayat.
Whether the Secretary must hear parties and decide afresh on the representation ignoring previous minutes.
SANTHOSH T.G
CHERANALLOOR GRAMA PANCHAYAT
THE SECRETARY, CHERANALLOOR GRAMA PANCHAYAT
GEORGE JOSEPH
THE STATION HOUSE OFFICER CHERANNALLUR POLICE STATION
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
