Dismissed

Ajitha v. Mala Grama Panchayath

Kerala HC28 Oct 2020WP(C)/13653/2019

Case brief

AI extract

What is this about?

The High Court of Kerala denied relief in a writ petition challenging a Panchayat notice to vacate a building. The court held that the agreement was terminated to allow Kudumbasree members to occupy the space and dismissed the petition after granting a 10-day extension for vacating.

What did the court decide?

The petitioners were granted 10 days time to vacate the building; the writ petition is dismissed.

Ajitha Vs Mala Grama Panchayath — Service and Employment | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942

¶5

WP(C).No.13653 OF 2019(F)

¶6

PETITIONERS:

¶7

1 AJITHA, AGED 44 YEARS, W/O. KRISHNAN, VYPPUKKARAN HOUSE, VALIYAPARAMBU DESOM, KURUVILASSERY VILLAGE, CHALAKKUDY TALUK.

¶8

2 SAFIA @ SUBAIDA, AGED 45 YEARS, D/O. ALIYAR, KATTUPARAMBIL HOUSE, VALIYAPARAMBU DESOM, KURUVILASSERY VILLAGE, CHALAKKUDY TALUK.

¶9

BY ADVS.SRI.R.KRISHNA RAJ SMT.E.S.SONI SMT.KUMARI SANGEETHA S.NAIR

¶10

RESPONDENTS:

¶11

1 MALA GRAMA PANCHAYATH, MALA P.O., THRISSUR DISTRICT - 680 731, REPRESENTED BY ITS SECRETARY.

¶12

2 SECRETARY, MALA GRAMA PANCHAYATH, MALA, THRISSUR-680 731.

¶13

*ADDL.R3 RADHAMANI, AGED 66 YEARS, W/O. SUBRAMANIAN, PANAYAPPILLY HOUSE, VALIYAPARAMBU, KURUVILLASSERY PO, KURUVILLASSERY, THRISSUR DISTRICT – 680 732.

¶14

*ADDL.R4 SEETHA RAVI, AGED 58 YEARS, W/O.RAVI.T.C., THIRUTHOOR HOUSE, VALIYAPARAMBU, KURUVILLASSERY P.O., KURUVILLASSERY, THRISSUR DISTRICT – 680 732.

¶15

*ADDL.R5 DEVAKI C.N., AGED 60 YEARS, W/O. VASU, PUTHIYEDATH, VALIYAPARAMBU, VALIYAPARAMBU, COLONY, KURUVILLASSERY P.O., KURUVILLASSERY, THRISSUR DISTRICT- 680 732.

¶16

*ADDL.R3 TO 5 ARE IMPLEADED AS PER ORDER DATED 14.09.2020 IN IA NO. 5/2020.

¶17

BY ADVS. SRI.PHILIP T.VARGHESE, SC, MALA GRAMA PANCHAYATH SRI.M.H.HANIL KUMAR SMT.SHEEBA VARGHESE, SMT.M.R.JAYALATHA

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C).No.13653 OF 2019(F)

¶20

-2-

¶21

JUDGMENT

¶22

Dated this the 28th day of October 2020

¶23

This writ petition was filed challenging Exts.P2, P3 and P6.

¶24

Ext.P2 is a notice issued by the Mala Grama Panchayat for running a milk booth in the Panchayat building by the members of Kudumbasree. Ext.P3 is a notice issued by the Panchayat directing the petitioner to vacate the building. It is seen that Ext.P3 is issued to facilitate occupation by members of the Kudumbasree as referred in Ext.P2.

¶25

Challenging Ext.P3 the petitioners approached the Local Self Government Institutions in an appeal. The appeal has been dismissed vide Ext.P6. Challenging this, the writ petition is filed.

¶26

Admittedly, the building belonged to the Panchayat.

¶27

The agreement appears to have been executed in the year 2001 for running the milk booth. In the agreement, itself, it was agreed that the petitioners would vacate the building when a demand is raised by the Panchayat.

¶28

The Panchayat appears to have decided to obtain

¶29

WP(C).No.13653 OF 2019(F)

¶30

-3-

¶31

vacant possession of the building from the petitioners for the purpose of use by the members of Kudumbasree.

¶32

The learned counsel for the petitioners, Sri. Krishnaraj, submits that when the building was constructed for occupation by the persons who are economically poor, the Panchayat cannot evict such occupants for occupation by some other similar purposes. It is also submitted that the proceedings are initiated as illegal as the Panchayat failed to follow the procedure under the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996.

¶33

On the other hand, the learned Standing Counsel for the Panchayat submitted that the petitioners' challenge before this Court was unsuccessful. The petitioners were relegated to the Tribunal. They are also unsuccessful before the Tribunal and, therefore, this Court under Article 226 of the Constitution of India should not revisit the entire proceedings.

¶34

The matter is arising out of an agreement. The Panchayat decided to terminate the agreement. The Panchayat

¶35

WP(C).No.13653 OF 2019(F)

¶36

-4-

¶37

had given the notice in accordance with the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules. This Court cannot interfere with the proceedings unless such proceedings vitiated under law. As seen from Ext.P14, after issuing notice and after adverting to the objection, the Panchayat passed the final order. Since the petitioners have no right to continue, there is no scope for interference in this matter. However, taking note of the facts and circumstances, the petitioners are given 10 days time to vacate the building.

¶38

With the observations as above, the writ petition is dismissed.

¶39

Sd/A.MUHAMED MUSTAQUE JUDGE

¶40

akv

¶41

WP(C).No.13653 OF 2019(F)

¶42

-5-

¶43

APPENDIX

¶44

PETITIONER'S/S EXHIBITS:

¶45

EXHIBIT P1	COPY OF THE AGREEMENT DATED 19.11.2019.
EXHIBIT P2	COPY OF NOTICE OF THE RESPONDENT DATED 4.6.2016.
EXHIBIT P3	COPY OF THE NOTICE OF THE RESPONDENT DATED 6.2.2017.
EXHIBIT P4	COPY OF THE JUDGMENT IN W.A. 1388/2017 DATED 5.7.2017.
EXHIBIT P5	COPY OF THE WRITTEN STATEMENT DATED 19.3.2018.
EXHIBIT P6	COPY OF THE ORDER OF THE TRIBUNAL IN APPEAL DATED 668/17 30.3.2019.
EXHIBIT P7	COPY OF THE NOTICE DATED 3.2.2020.
EXHIBIT P8	COPY OF THE REPLY DATED 18.2.2020.
EXHIBIT P9	COPY OF THE SANITARY CERTIFICATE DATED 25.7.2019.
EXHIBIT P10	COPY OF THE FSSAI DATED 13.12.2019.
EXHIBIT P11	COPY OF THE REJECTION LETTER DATED 2.8.2019.
EXHIBIT P12	COPY OF THE SHOW CAUSE NOTICE DATED 2.3.2020.
EXHIBIT P13	COPY OF THE ORDER DATED 04.3.2020.
EXHIBIT P14	COPY OF THE NOTICE DATED 5.3.2020.
RESPONDENT'S/S EXH	IBITS:
EXHIBIT R1	TRUE COPY OF THE COMPLAINTS SUBMITTED BY MR.CHANDRAN ALANGAL TO THE RESPONDENTS DATED 20/10/2015
EXHIBIT R1 A	TRUE COPY OF NOTICE NO.F/6211/15 ISSUED BY THE RESPONDENTS TO THE PETITIONERS DATED 16/12/2015

¶46

WP(C).No.13653 OF 2019(F)

¶47

-6-

¶48

EXHIBIT R1 B	TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONERS TO THE RESPONDENTS DATED 22/12/2015
EXHIBIT R1 C	TRUE COPY OF THE NO.F/6211/15 ISSUED BY THE RESPONDENTS TO THE 2ND PETITIONER DATED 6/1/2017
EXHIBIT R1 D	TRUE COPY OF THE JUDGMENT IN WPC NO.4325/2017 DATED 9/6/2017
EXHIBIT R1 E	TRUE COPY OF THE JUDGMENT OF THE MUNSIFF'S COURT IRINJALAKKUDA IN OS NO.463/2016 DATED 6/10/2017
EXHIBIT R1(F)	A TRUE COPY OF THE COMMUNICATION ISSUED BY CHAIRPERSON OF KUDUMBASREE TO THE SECRETARY OF MALA GRAMA PANCHAYATH DATED 15.1.2020
EXHIBIT R1(G)	A TRUE COPY OF THE COMMUNICATION ISSUED BY THE MALA GRAMA PANCHAYATH TO THE FOOD SAFETY OFFICER KODUNGALLUR DATED 27.2.2020
EXHIBIT R1 H	A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF MALA GRAMA PANCHAYAT DATED 20/07/1998.
EXHIBIT R1 I	A TRUE COPY OF THE RELEVANT PAGES OF THE ANNUAL PLAN OF THE MALA GRAMA PANCHAYAT FOR THE PERIOD 1998-1999.
EXHIBIT R1 J	A TRUE COPY OF THE RELEVANT PAGES OF THE ANNUAL PLAN FOR THE YEAR 1999-2000 OF MALA PANCHAYAT.
EXHIBIT R1 K	A TRUE COPY OF THE RELEVANT PAGES OF THE FIVE YEAR PLAN (2002 TO 2007) OF MALA GRAMA PANCHAYAT.
EXHIBIT R1 L	A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MALA GRAMA PANCHAYAT HELD ON 13/06/2001.
EXHIBIT R1 M	A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MALA GRAMA PANCHAYAT HELD ON 07/11/2001.

¶49

WP(C).No.13653 OF 2019(F)

¶50

-7-

¶51

EXHIBIT R1 N A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MALA GRAMA PANCHAYAT HELD ON 14/12/2001.

¶52

EXHIBIT R1 O A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 02/07/2020. EXHIBIT R1 P A TRUE COPY OF THE ELECTRICITY BILL ISSUED BY KSEB IN CONSUMER NO.11794 DATED 19/10/2015. EXHIBIT R3(a) A TRUE COPY OF THE CERTIFICATE ISSUE TO RADAMANI SUBRAMANIAN DATED 13.8.2010. EXHIBIT R3(b) A TRUE COPY OF THE CERTIFICATE ISSUE TO SEETHA RAVI DATED 13.08.2010.

¶53

EXHIBIT R3(c) A TRUE COPY OF THE CERTIFICATE ISSUE TO DEVAKI C.N DATED 13.8.2010.

¶54

//TRUE COPY// PA TO JUDGE

Ajitha v. Mala Grama Panchayath

Case brief

What is this about?

What did the court decide?

Ajitha v. Mala Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nigil.G Vs the Eloor Municipality

Philomina K.D Vs State of Kerala

David @ David Vs Manikantan

The Manager Vs Renjith M. v.

Kozhikkattil Abdul Latheef Vs State of Kerala

Palliyalil Ahamedkutty Vs K.Gopalakrishnan