Petitioner challenged Panchayat's seizure of lodge keys pending partition suit. Court vacated interim relief directing petitioner to deposit keys with Munsiff Court for safe custody pending civil court decision.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941
WP(C).No.3761 OF 2020(U)
PETITIONER:
SASI,
AGED 46 YEARS S/O. VEERABHADRAN, KOVILOOR BHAGOM, VATTAVADA VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS:
1 VATTAVADA GRAMA PANCHAYATH, KOVILOOR P.O., IDUKKI DISTRICT,-685 615, REPRESENTED BY ITS SECRETARY
2 THE SECRETARY, VATTAVADA GRAMA PANCHAYATH,KOVILOOR P.O., IDUKKI DISTRICT-685 615
3 STATION HOUSE OFFICER, DEVIKULAM POLICE STATION, DEVIKULAM, IDUKKI DISTRICT685 613
4 MUNIYAMMA, AGED 61 YEARS YELLAPPATTI ESTATE, WEST DIVISION, S.P. PURAM P.O., DEVIKULAM VILLAGE, IDUKKI DISTRICT
R1-2 BY ADV. SRI.M.K.THANKAPPAN R4 BY ADV. SRI.G.SREEKUMAR (CHELUR)
OTHER PRESENT:
SRI.K.J.MANU RAJ, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ALEXANDER THOMAS, J.
W.P.(C)No.3761 of 2020
Dated this the 24th day of February, 2020
JUDGMENT
The case set up in this Writ Petition (Civil) is as follows:- The petitioner along with his brother filed suit for partition as O.S.No.1/2019 before the Munsiff Court, Devikulam against the 4th respondent and her daughters. The suit is pending adjudication. There are seven items of properties liable for partition involved in the suit. One item of property, which is admittedly in the possession of the petitioner at the time of filing of the suit is lodge viz. Matha Lodge sitauted in Survey No.39/3A and 100/19 of Vattavada Village. Alleging non-renewal of license for the year 2019-20 and violation of functioning of the lodge without obtaining license, the 2nd respondent closed down the lodge on 22.01.2020 arbitrarily and without any authority and taken possession of the building and premises from the custody of the petitioner. The 2nd respondent is attempting to hand over to the 4th respondent. The attempt of the 2nd respondent is to defeat the claim of the petitioner in the partition suit which is pending before the competent civil court. It is in the light of these factual averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers:-
“i. Call for the records leading to Ext-P3 from the respondents 1 and 2:
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ii. Quash Ext.P3 order of the 2nd respondent by a writ of certiorari or any other writ, direction or order;
iii. Issue a wit of mandamus or any other writ or direction or order to the respondents 1 and 2 to return the possession and handover key of the premises viz., Matha Lodge situated at Ward No.7 of Vattavada Grama Panchayat with room Nos.194, 195, 196, 197, 198, 199 and 200 to the petitioner as expeditiously as possible or within a time limit as fixed by this Hon'ble Court. iv. Declare that the respondents 1 and 2 are not entitled to insist for license under the Keala Panchayat Raj (Issue of License to Factories, Trades, Entrepreneurship Activities and other Services) rules, 1996 for conducting lodging business, viz. Matha Lodge situated at Ward No.7 of Vattavada Grama Panchayat with room Nos.194, 195, 196, 197, 198, 199 and 200 of Vattavada Grama Panchayat.”
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suit. Further it appears that the case of the 4th respondent, as submitted by her learned counsel, is that the subject lodge is exclusively owned and possessed by the 4th respondent in her individual capacity and the said ownership and possessory right is not in any way traceable to her deceased husband, who happens to be the elder brother of the petitioner. As mentioned hereinabove, the specific case of the petitioner is that the subject lodge is included in B schedule of the plaint schedule of the said suit and that the said subject lodge is also partible, as it is owned by his deceased elder brother (who is the 4th respondent's husband) and that the petitioner herein is claiming rights in respect of the subject lodge on the basis of a family settlement deed said to have been executed by the defendants in the said suit as well as the elder brother of the petitioner (husband of the 4th respondent) during his life time. Whereas the case of the 4th respondent appears to be that the said settlement deed is a forged document etc., in which a crime has been registered pursuant to a private criminal complaint filed by the 4th respondent before the jurisdictional Magistrate Court concerned. It appears that the respondent Vattavada Grama Panchayath had taken the stand that as the said lodge has been conducted without trade licence issued by the said Panchayath, the key was directed to be surrendered to the said Panchayath. This Court, while passing interim order in this case on 11.2.2o20, has ordered that the said action of the respondent Grama Panchayat is without any jurisdiction and as at best it could have directed that the lodge should not be conducted without getting trade licence from the Panchayath and that the action of the Panchayath in getting the key of the lodge
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surrendered to the said Panchayat is illegal and ultra vires and directed the Panchayath to handover the key to the petitioner herein. It is seen that in compliance of the said interim order dated 11.2.2020, the respondent Vattavada Grama Panchayath has entrusted the key of the lodge to the writ petitioner. In view of the civil disputes between the parties, it is ordered that the said interim order dated 11.2.2020 passed by this Court to the extent it directs that the key of the lodge should be handed over to the writ petitioner will stand vacated and it is ordered that the writ petitioner will immediately handover the said key of the lodge to the Sheristar/Ministerial officer of the Munsiff Court, Devikulam, who is dealing with Original Suit, O.S.No.1/2019, without any further delay, at any rate, within one week from the date of production of a certified copy of this judgment and upon which the said officer of the Munsiff Court, Devikulam will issue receipt to the petitioner regarding the receipt of the said key. Thereafter, the petitioner will be at liberty to file appropriate interim application in the pending suit seeking for entrustment of the key of the lodge and the Munsiff Court, Devikulam will then consider the said plea in the said interlocutory application, after affording reasonable opportunity of being heard to the petitioner and the respondents in the said I.A., including the 4th respondent herein. It is made clear that the Munsiff Court, Devikulam should give reasonable time to the respondents in the said I.A., including the 4th respondent herein to file their counter affidavit, if any, within two weeks, in the said I.A. The Munsiff Court, Devikulam will pass orders on the said application that may be filed by the petitioner on or before 31.3.2020.
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With these observations and directions, the above Writ Petition (Civil) will stand disposed of.
sd/ALEXANDER THOMAS, JUDGE.
acd
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PENDING BEFORE T |
PLAINT IN OS NO.1/20198 HE MUNSIFF COURT, DEVIKULAM |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE RESPONDENT AND C NO.454/2019 |
OBJECTION OF THE 4TH ONTESTING DEFENDANTS IN IA |
| EXHIBIT P3 | TRUE COPY OF THE RESPONDENT DATED 2651/19 WITH ENG |
NOTICE OF THE 2ND 06.11.2019 BEARING NO.A3- LISH TRANSLATION |
| EXHIBIT P4 | TRUE COPY OF THE 3.7.18. |
LICENSE AGREEMENT DATED |
| EXHIBIT P5 | TRUE COPY OF THE CERTIFICATED OF 21.4.18. |
POLICE CLEARANCE THE 3RD RESPONDENT DATED |
| EXHIBIT P6 | TRUE COPY OF THE | TAX RECEIPT. |
| EXHIBIT P7 | TRUE COPY OF THE | TAX RECEIPT. |
| EXHIBIT P8 | TRUE COPY OF THE VILLAGE OFFICER, |
RECEIPT ISSUED BY THE VATTAVADA. |
| EXHIBIT P9 | TRUE COPY OF THE PERIOD 18.1.2020 |
ELECTRICITY BILL FOR THE . |
| EXHIBIT P9(a) | TRUE COPY OF THE PERIOD 18.1.2020 |
ELECTRICITY BILL OF THE . |
| EXHIBIT P10 | TRUE COPY OF THE | PHONE BILL OF THE LODGE. |
| EXHIBIT P10(a) | TRUE COPY OF THE | PHONE BILL OF THE LODGE. |
| EXHIBIT P11 | TRUE COPY OF THE | INJUNCTION PETITION. |
| RESPONDENT'S/S EXH | IBITS: | |
| EXHIBIT-R4(a) | A TRUE COPY OF T THE FOURTH RESPO |
HE LICENSE IN THE NAME OF NDENT ISSUED BY THE |
| VATTAVADA GRAMA | PANCHAYATH DATED 23.5.2016 |
| W.P.(C)No.3761/2020 | 8 |
|---|---|
| EXHIBIT-R4(b) | A TRUE COPY OF THE RECEIPTS ISSUED BY THE VATTAVADA GRAMA PANCHAYATH DATED 25.5.1029. |
| EXHIBIT-R4(c) | A TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE ISSUED BY THE INSPECTOR OF POLICE DEVIKULAM DATED 9.5.2016 |
| EXHIBIT-R4(d) | TRUE COPY OF THE FIR IN CRIME NO. 7 OF 19 REGISTERED BY THE DEVIKULAM POLICE STATION DATED 11.1.19 AND THE PRIVATE COMPLAINT FILED DATED 9.1.19 BEFORE THE JFCM, DEVIKULAM. |
| EXHIBIT-R4(e) | A TRUE COPY OF THE RECEIPT ISSUED BY THE VATTAVADA GRAMA PANCHAYATH DATED 30.10.19. |
| EXHIBITR4(f) | A TRUE COPY OF THE DOCUMENT IN THE NAME OF LATE SANKAR EXECUTED DATED 14.7.05. |
| EXHIBIT-R4(g) | A TRUE COPY OF THE FORGED DOCUMENT DATED 19.10.13 |
1 issue framed by the court
Whether to quash the order closing down the lodge and direct the panchayat to return possession to the petitioner pending partition.
Sasi
Vattavada Grama Panchayath
Secretary, Vattavada Grama Panchayath
Station House Officer, Devikulam
Muniyamma
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
