Disposed

Reju Mon C v. Oorakam Grama Panchayath

Kerala HC15 Nov 2019WP(C)/26904/2019

Case brief

AI extract

What is this about?

Petitioners challenged unauthorized operation of commercial sports facilities by respondents 7-10. Counsel submitted unlawful activities had ceased pending trade license clearance. Court closed petition directing Panchayat to hear petitioners before licensing.

What did the court decide?

Writ petition closed; Direction to Secretary of Panchayat to hear petitioners before issuing Trade Licence.

Reju Mon C Vs Oorakam Grama Panchayath — Contract and Commercial Disputes | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941

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WP(C).No.26904 OF 2019(K)

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PETITIONERS:

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1 REJU MON C AGED 38 YEARS S/O. MAMMAD, CHINAKKAL HOUSE, CHEROOR ROAD MINI, OK MURI P.O, OORAKAM, MALAPPURAM DT 676 519

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2 NAFEESA M, AGED 52 YEARS W/O. HAMZA KUNIYIL (LATE) MANNIL HOUSE, CHEROOR ROAD MINI, OK MURI P.O, OORAKAM, MALAPPURAM DT 676 519

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3 KUNHEEDU P.O, AGED 57 YEARS S/O. KOMUKOTTY (LATE), PULLISSERI PARAMBIL HOUSE, CHEROOR ROAD MINI, OK MURI P.O, OORAKAM, MALAPPURAM DT 676 519

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4 THASLEEM ARIF K, AGED 40 YEARS S/O. MUHAMMED (LATE) KARUVEPPAN HOUSE, CHEROOR ROAD MINI, OK MURI P.O, OORAKAM, MALAPPURAM DT 676 519

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5 SULAIKHA E, AGED 42 YEARS D/O. KUNJU MOHAMMAD HAJI (LATE), KARUVEPPAN HOUSE, CHEROOR ROAD MINI, OK MURI P.O, OORAKAM, MALAPPURAM DT 676 519

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BY ADVS. SRI.M.MUHAMMED SHAFI SMT.T.RASINI

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RESPONDENTS:

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1 OORAKAM GRAMA PANCHAYATH REP BY THE SECRETARY, OORAKAM MELMURI P.O, MALAPPURAM DT 676 519

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WP(C).No.26904 OF 2019(K)

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2 THE SECRETARY, OORAKAM GRAMA PANCHAYATH, OORAKAM MELMURI P.O, MALAPPURAM DT 676 519

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3 DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM 676 504

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4 DISTRICT POLICE CHIEF, MALAPPURAM DT 676 504

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5 SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, VENGARA, MALAPPURAM DT 676 304

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6 THE DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM DT 676 504

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7 AJEESHA KARUVEPPIL, KARUVEPPIL HOUSE, MINI KAPPIL ROAD, CHEROOR P.O, MALAPPURAM DT 676 304

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8 SHAKEELA HASSAN, W/O. HASSAN KUTTY, PARIYARAM THADATHIL VEEDU, MANAKADA P.O, MALAPPURAM DT 679 324

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9 SHAHIDHA, AMBALAVAN PUTHAN PEEDIYAKKAL HOUSE, IRINGALLUR P.O, MALAPPURAM DT 676 304

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10 MOHAMMED SAJID K.P, KUNDUPUZHAKKAL HOUSE, CHELATHOOR, OORAKAM, O.K MURI, P.O, MALAPPURAM DT 676 519

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R1-2 BY ADV. SRI.M.KRISHNAKUMAR R9-10 BY ADV. SRI.K.M.FIROZ R9-10 BY ADV. SMT.M.SHAJNA

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SR.GP.RAJASEKHARAN NAIR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.26904 OF 2019(K)

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JUDGMENT

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The petitioners have approached this Court complaining

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about the unauthorized use of property by respondents 7 to 10 to operate an indoor shuttle badminton court and a football turf in a commercial manner under the name style “Racket Hut” and Soccer Hut” respectively.

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Even though there are various allegations and averments made in this writ petition, when this matter was taken up today, the learned counsel for the party respondents submitted that they have stopped the afore activities in their property and that they will commence it only after obtaining necessary clearance from the 1^st respondent-Panchayat.

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Sri.Krishna Kumar-learned Standing Counsel for the Panchayat, submits that they have placed on record Ext.R1 (I), which is the list of violations that the Panchayat has found with respect to the activities being carried on by the party respondents

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and that if they are able to rectify the same and convince the Authority that they have been done as per law, their application for continuation of the activities by issuing a valid licence will be considered.

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WP(C).No.26904 OF 2019(K)

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Taking note of the afore submissions and since the learned counsel appearing for the party respondents submits that his clients have stopped the impugned activities and are waiting for the Trade Licence to be issued from the Panchayat, I close this writ petition; however, directing the Secretary of the Panchayat to hear the petitioners also before a Trade Licence is issued to respondents 7 to 10.

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Needless to say, since I have not considered any of the contentions of the parties on their merits, all of them are left open to be pursued by them, if it is so required in future.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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nak

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WP(C).No.26904 OF 2019(K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT ALONG WITH RECEIPT DT 25-03-2019

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EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT DT 05-03-2019

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EXHIBIT P3 TRUE COPY OF THE RECEIPTS ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P4 TRUE COPY OF THE RECEIPTS ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE RECEIPTS ISSUED BY THE 5TH RESPONDENT

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EXHIBIT P6 TRUE COPY OF THE RECEIPTS ISSUED BY THE 6TH RESPONDENT

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EXHIBIT P7 TRUE COPY OF THE AGREEMENT SIGNED BETWEEN THE PARTIES

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EXHIBIT P8 TRUE COPY OF THE APPLICATION AND THE REPLY DT 29-08-2019

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EXHIBIT P9 TRUE COPY OF THE APPLICATION AND THE REPLY DT 20-09-2019 EXHIBIT P10 TRUE COPY OF THE REPRESENTATION ALONG WITH RIGHT TO INFORMATION ACT DT 16-082019 EXHIBIT P11 TRUE COPY OF THE RECEIPT DT 27-09-2019 ISSUED BY 3RD RESPONDENT EXHIBIT P12 TRUE COPY OF THE RECEIPT DT 27-09-2019 ISSUED BY 6TH RESPONDENT

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1A TRUE COPY OF THE ORDER DATED 19-08-2019 SERVED ON THE 7TH RESPONDENT.

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WP(C).No.26904 OF 2019(K)

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EXHIBIT R1B TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19-08-2019 SERVED ON THE 7TH RESPONDENT. EXHIBIT R1C TRUE COPY OF THE ORDER DATED 19-08-2019 SERVED ON THE RESPONDENTS 7 TO 10. EXHIBIT R1D TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19-08-2019 SERVED ON THE RESPONDENTS 7 TO 10. EXHIBIT R1E TRUE COPY OF THE RESOLUTION DATED 24-092019. EXHIBIT R1F TRUE COPY OF THE NOTICE DATED 25-09-2019 SERVED ON THE 7TH RESPONDENT. EXHIBIT R1G TRUE COPY OF THE RECOMMUNICATION DATED 9-10-2019. EXHIBIT R1H TRUE COPY COMMUNICATION DATED 11-102019. EXHIBIT R1 I TRUE COPY REPORT OF THE ASSISTANT ENGINEER

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//TRUE COPY// P.A TO JUDGE

Reju Mon C v. Oorakam Grama Panchayath

Case brief

What is this about?

What did the court decide?

Reju Mon C v. Oorakam Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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