Disposed

P.M.Jose and Others v. Nedumbassery Grama Panchayat

Kerala HC6 Jul 2022WP(C)/38300/2010

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition filed by security depositors seeking interest and facility improvements. Instead of adjudicating the claims, the Court directed the Respondent Panchayath to consider the petitioners' representation expeditiously after giving a hearing opportunity. The matter was left open for further proceedings based on the authority's response.

What did the court decide?

Petitioners directed to file representation; Respondent to consider it within two months after hearing.

P.M.Jose and Others Vs Nedumbassery Grama Panchayat — Property and Title | Kerala HC (2022)

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 6^TH DAY OF JULY 2022 / 15TH ASHADHA, 1944

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WP(C) NO. 38300 OF 2010

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PETITIONERS:

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1 P.M.JOSE, S/O.MATHAI, PADAYATTIL HOUSE, ANGAMALY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.

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2 SUMESH PAUL, S/O. POULOSE KIDANGETH HOUSE, CHENGAMANADU VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. 3 M.J. JAISON, S/O. JOSEPH MUNDADAN HOUSE, ANGAMALY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. 4 K.M. VARGHESE, S/O. MANI KALAMPADAN VEETTIL, NEDUMBASSERI VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.

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5 P.K.KHALID, S/O. KOCHADIMA PARELI HOUSE, CHENGAMANADU VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.

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BY ADV SRI.GEORGE JOHNSON

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RESPONDENT:

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NEDUMBASSERY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KARIYAD, MEKKAD.P.O., PIN-686589. BY ADV SRI.GEORGE SEBASTIAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 38300 OF 2010

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P.V.KUNHIKRISHNAN, J.

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------------------------------

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W.P.(C).No. 38300 of 2010

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---------------------------------------------Dated this the 06^th day of July, 2022

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) Call for the records leading to the case;

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(ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to give interest @ 9% per annum to the petitioners on their security deposits as agreed in Exts.P1 to P5;

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(iii) Issue a Writ of Mandamus directing the respondent not to recover any amount/s by way of rent or other charges from the petitioners till the interest accumulated as per Exts.P1-P5 is adjusted towards rent;

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(iv) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to provide forthwith the basic facilities such as water, light and sanitation in the public market at Athani so as to start business by the petitioners and other room allottees and till then stay all proceeding for recovery of rent arrears/ dispossession of rooms;

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WP(C) NO. 38300 OF 2010

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(v) Grant such other reliefs as this Honourable Court may deem fit;.”[SIC]

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This writ petition is pending before this Court from 2010 onwards. The petitioners are free to file a representation narrating their grievance raised in this writ petition before the respondent Panchayath and the respondent Panchayath can be directed to consider the same, within a time frame, after giving an opportunity of hearing to the petitioners.

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Therefore, this writ petition is disposed of in the following manner:

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i. The petitioners are free to submit a representation before the Secretary to the respondent Panchayath, within a period of four weeks from the date of receipt of a copy of this judgment.

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ii. Once such a representation is received, the Secretary to the respondent Panchayath will consider the same and pass appropriate orders in it in accordance to law, as expeditiously as possible, at

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WP(C) NO. 38300 OF 2010

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any rate, within a period of two months from the date of receipt of the representation.

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iii. Before passing final order, an opportunity

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of hearing should be given to the petitioners.

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 38300 OF 2010

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APPENDIX OF W.P.(C) NO.38300/2010

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE 1ST P	COPY ETITI	OF AGR ONER WITH	EEMEN THE	T EXE PANCHA	CUTED BY YATH.
EXHIBIT P2	TRUE	COPY	OF THE	AGRE	EMENT	EXECUTED
	BY PANCH	2ND AYATH	PETITI .	ONER	WIT	H THE
EXHIBIT P2(A)	TRUE	COPY	OF THE	AGRE	EMENT	EXECUTED
	BY	2ND	PETITI	ONER	WIT	H THE
	PANCH	AYATH	.
EXHIBIT P3	TRUE	COPY	OF THE	AGRE	EMENT	EXECUTED
	BY PANCH	3RD AYATH	PETITI .	ONER	WIT	H THE
EXHIBIT P4	TRUE BY PANCH	COPY 4TH AYATH	OF THE PETITI .	AGRE ONER	EMENT WIT	EXECUTED H THE
EXHIBIT P5	TRUE	COPY	OF THE	AGRE	EMENT	EXECUTED
	BY PANCH	5TH AYATH	PETITI .	ONER	WIT	H THE
EXHIBIT P6	TRUE BY/BE RESPO	COPY TWEEN NDENT	OF THE THE 1ST .	RENT PETI	DEED TIONER	EXECUTED AND THE
EXHIBIT P7	TRUE PUBLI 16.12	COP SHED .2010	Y OF IN MATHR .	THE UBHUM	NEWS I DAI	REPORT LY DATED

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RESPONDENT'S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

P.M.Jose and Others v. Nedumbassery Grama Panchayat

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P.M.Jose and Others v. Nedumbassery Grama Panchayat

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