Disposed

Shri. N.J.Pappachan v. the Poothadi Grama Panchayath

Kerala HC23 Oct 2020WP(C)/10163/2020

Case brief

AI extract

What is this about?

Petitioner sought quashing of take-over of his resort for covid observation without terms. Court directed 1st respondent Panchayat to clean and disinfect premises per protocol and handover keys within two weeks; other claims left open.

What did the court decide?

Directs 1st Respondent-Panchayat to clean and disinfect premises per covid protocol immediately and handover keys within two weeks.

Shri. N.J.Pappachan Vs the Poothadi Grama Panchayath — Writ and Judicial Review | Kerala HC (2020)

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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 N.NAGARESH

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FRIDAY,THE 23RD DAY OF OCTOBER 2020/1ST KARTHIKA,1942

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WP(C).No.10163 OF 2020(U)

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PETITIONER:

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SHRI. N.J.PAPPACHEN,S/O. M.O.JOSEPH, 60 YEARS, VILLA B3, KENT PARADISE, MAY FIRST ROAD, THAMMANAM-682 032, ERNAKULAM DISTRICT.

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BY ADV. SMT.SREEKALA KRISHNADAS

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RESPONDENTS:

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1 THE POOTHADI GRAMA PANCHAYATH, KENICHIRA P.O., WAYANAD-673 596, REPRESENTED BY ITS SECRETARY. EMAIL:[email protected]

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2 THE DISTRICT COLLECTOR,WAYANAD, NH 212, CIVIL STATION, KAIRALI NAGAR, KALPETTA, WAYANAD, KERALA-673 122. EMAIL:[email protected]

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3 THE GOVERNMENT OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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R1 BY ADV. SRI.P.C.SASIDHARAN R2 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC.10163/2020

: 2 :

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 23^rd day of October, 2020

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Petitioner is the owner of a Resort situated at Kenichira in Wayanad District. The 1^st respondent took over the Resort for accommodating people under Covid observation. According to the petitioner, the take over is without fixing any terms and conditions. The Resort has a lot of maintenance work to be completed, including maintenance of pipeline. The petitioner is depending mainly on agricultural income of the farm wherein the Resort is situated. If the said premises is utilised as place for observation of Covid patients, none of the agricultural activities can be conducted in the premises, contends the petitioner. It is in such circumstances that the petitioner has approached this Court seeking to quash Ext.P5.

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Learned Government Pleader, on instructions, submits that the District Administration has already handed over the keys of the Cottages in the Resort taken over, to the Panchayat and directed the Panchayat to handover the keys to the petitioner.

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WPC.10163/2020

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: 3 :

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But, the petitioner is insisting that there should be a joint inspection and cleaning of the premises before returning possession of the Cottages to the petitioner.

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Heard learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel for the Panchayat.

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As the Cottages were used for Covid care, it is necessary that the premises should be cleaned and disinfected following Covid protocol.

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In the facts and circumstances of the case, the writ petition is disposed of directing the 1^st respondent-Poothadi Grama Panchayat to clean and disinfect the premises of the petitioner following Covid protocol immediately and thereafter handover the keys to the petitioner. The entire exercise shall be done within a period of two weeks. Questions as to any other claims which the petitioner may have against the respondents, are left open.

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Sd/-

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N. NAGARESH, JUDGE

aks/23.10.2020

WPC.10163/2020

: 4 :

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE	COPY	OF CERTIFICATE OF REGISTRATION
	AND HOUSI	LICEN NG DAT	SE FOR BOARDING AND LODGING ED 22.05.2019.
EXHIBIT	P2 TRUE FIRST ENCLO	COPY RESP SURE.	OF THE LETTER ISSUED BY THE ONDENT DATED 07.05.2020 WITH
EXHIBIT	P3 TRUE 11.05 BEFOR	COPY .2020 E THE	OF THE APPLICATION DATED SUBMITTED BY THE PETITIONER 1ST RESPONDENT PANCHAYATH.
EXHIBIT	P4 TRUE 19.05	COPY .2020	OF THE REPRESENTATION DATED ISSUED BY THE PETITIONER.
EXHIBIT	P5 TRUE ISSUE	COPY D BY T	OF THE LETTER DATED 20.05.2020 HE FIRST RESPONDENT.
EXHIBIT	P9 COLOU AFTER SECON	R PHO THE D RESP	TOTS OF THE RESORT BEFORE AND TAKE OVER OF THE PREMISES BY ONDENT
EXHIBIT	P10 TRUE PETIT	COPY IONER	OF THE EMAIL SENT BY THE DATED 08.09.2020.
EXHIBIT	P11 TRUE PETIT PHOTO	COPY IONER S.	OF THE EMAIL SENT BY THE DATED 09.09.2020 ALONG WITH THE

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RESPONDENTS' EXHIBITS

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ANNEXURE R2(a) TRUE COPY OF ISSUED BY THE	THE ORDER DATED 11.06.2020 2ND RESPONDENT
ANNEXURE R2(b) TRUE COPY OF 25.06.2020.	G.O.(MS)NO.21/2020/DMD DATED
ANNEXURE R2(c) TRUE COPY OF 26.06.2020.	G.O.(MS)NO.22/2020/DMD DATED

Shri. N.J.Pappachan v. the Poothadi Grama Panchayath

Case brief

What is this about?

What did the court decide?

Shri. N.J.Pappachan v. the Poothadi Grama Panchayath

Case brief

What is this about?

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