Disposed

Anilkumar @ Anil a v. Chirayinkeezhu Grama Panchayat

Kerala HC2 Aug 2022WP(C)/9541/2022

Case brief

AI extract

What is this about?

Petitioner, licensee for market gate fee collection, filed writ seeking direction for respondent to consider his representation for exemption from payments during Covid-19 shut-down months. Court directed 2nd respondent to consider representation and decide in accordance with law within one month.

What did the court decide?

Direct the 2nd respondent to consider the Ex.P3 representation and decide appropriately within one month with a hearing.

Anilkumar @ Anil a Vs Chirayinkeezhu 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 N.NAGARESH

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TUESDAY, THE 2^ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944

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WP(C) NO. 9541 OF 2022

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PETITIONER:

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ANILKUMAR @ ANIL A, AGED 51 YEARS, S/O APPU, ANIL BHAWAN, VAZHAVILA MUKKU, KOOTHALLOOR DESOM, KIZHUVILAM VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT-695 304.

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BY ADV J.JAYAKUMAR

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RESPONDENTS:

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1 CHIRAYINKEEZHU GRAMA PANCHAYAT, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM-695 304, REPRESENTED BY ITS SECRETARY

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2 THE SECRETARY, CHIRAYINKEEZHU GRAMA PANCHAYATH, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM-695 304

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R1-2 BY SRI.M.R.SASITH, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.9541/2022

JUDGMENT

Dated this the 2^nd day of August, 2022

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The petitioner, who was the highest bidder and who obtained licence for collecting gate fee of Valiyakada, Lekshmipuram Market for an amount of ₹10,50,000/-, has filed this writ petition seeking to direct the 2^nd respondent to consider and dispose of Ext.P3 representation dated 23.06.2021 of the petitioner in the light of Ext.P4 order of the Government, after providing an opportunity of hearing to the petitioner.

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In Ext.P3, the petitioner stated that though the petitioner had bid in auction for the right for making collection for the year 2021-2022, and though the petitioner had remitted the entire bid amount, he could effect collections only during the month of April. Due to Covid-19 pandemic, no business was conducted in the market during the months of May, June and July, 2021.

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In Ext.P3, the petitioner submitted that the petitioner has remitted ₹12,00,000/- inclusive of GST. As the

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WP(C) No.9541/2022

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market had to be shut down due to the wide spread Covid-19 pandemic, the petitioner should be exempted from making proportionate payments for the months of May, June and July, 2021.

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The Standing Counsel entered appearance on behalf of the respondents. The Standing Counsel submitted that taking into consideration the Covid-19 pandemic, the Grama Panchayat authorities have already granted exemption in respect of two months, to all licensees/tenants. However, the petitioner's representation under Ext.P3 can be considered in accordance with law.

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In view of the facts as stated above, the writ petition is disposed of directing the 2^nd respondent to consider Ext.P3 representation submitted by the petitioner and take appropriate decision thereon in accordance with law, within a period of one month.

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Sd/- N. NAGARESH JUDGE

WP(C) No.9541/2022

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APPENDIX OF WP(C) 9541/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1	THE TRUE DATED 11. RESPONDENT	COP 2.2	Y O 021	F THE AUCTION NOTICE ISSUED BY THE 2ND
Exhibit P2	TRUE COP 9.3.2021 I	Y SSU	OF ED B	THE RECEIPT DATED Y THE 2ND RESPONDENT
Exhibit P2(A)	TRUE COP 23.3.2021	Y ISS	OF UED	THE RECEIPT DATED BY THE 2ND RESPONDENT
Exhibit P3	TRUE COPY 23.6.2021 BEFORE THE	OF SU 2N	THE BMITT D RE	REPRESENTATION DATED ED BY THE PETITIONER SPONDENT
Exhibit P4	TRUE COPY 261/2021/L	OF SGD	THE DAT	ORDER NO GO (MS) NO. ED 6.11.2021

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Anilkumar @ Anil a v. Chirayinkeezhu Grama Panchayat

Case brief

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Anilkumar @ Anil a v. Chirayinkeezhu Grama Panchayat

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