Dismissed

Govindan Nambiar v. Secretary, Vellamunda Grama Panchayath

Kerala HC12 Jun 2023WP(C)/5663/2015

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a shop keeper seeking removal of a lock placed on his shop room by the Grama Panchayath. Noting that rent was overdue and the agreement expired, the court refused the relief and closed the petition.

What did the court decide?

The reliefs sought by the petitioner could not be granted; the writ petition is accordingly closed.

Govindan Nambiar Vs Secretary, Vellamunda… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945

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WP(C) NO. 5663 OF 2015

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PETITIONER:

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GOVINDAN NAMBIAR
AGED 70 YEARS

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S/O.LATE KUNJIRAMAN NAIR, RESIDING AT CHENGATH HOUSE,
THARUVANA P.O., CHANGADAM DESOM, PORUNNANORE VILLAGE,
MANANTHAVADY THALUK, WAYANAD DISTRICT

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BY ADV SMT.TESSY JOSE

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RESPONDENTS:

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1 VELLAMUNDA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY KATTAYADU P.O., MANANTHAVADY THALUK, WAYANAD DISRICT 670731

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2 THE PRESIDENT VELLAMUNDA GRAMA PANCHAYATH, KATTAYADU P.O., MANANTHAVADY THALUK, WAYANAD DISTRICT 670731

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BY ADV K.S.ARUN KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5663 OF 2015

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JUDGMENT

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Dated this the 12^th day of June, 2023

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This writ petition is filed seeking directions to the respondents to remove the lock of the shutter at the main entrance to petitioner's shop room and not to restrain or obstruct the petitioner from using them.

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Though the writ petition was admitted on 23/2/2015, no further orders were rendered in the same.

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A counter affidavit has also been placed on record stating that the room had been let out to the petitioner pursuant to an auction conducted in 1994 and that from 1/4/2013 onwards, the petitioner had neither paid the rent nor renewed the agreement. It is submitted that therefore, the Governing body of the Panchayat which met on 25/3/2014 had decided not to permit the petitioner to use the building. It is stated that the possession of the building had been taken over by the Panchayat and the Panchayat is at present using the same.

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Having considered the contentions advanced and in view of the materials produced by the respondents, I am of the opinion

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WP(C) NO. 5663 OF 2015

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that the reliefs as sought for by the petitioner cannot be granted.

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This writ petition is accordingly closed.

Sd/-

ANU SIVARAMAN

JUDGE

ska

WP(C) NO. 5663 OF 2015

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APPENDIX OF WP(C) 5663/2015

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PETITIONER EXHIBITS

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P1:TRUE COPY OF JUDGMENT IN WPC NO.33464/2014 DATED 11.12.2014
P2:TRUE COPY OF COMMUNICATION DATED 09.02.2015 ISSUED BY THE
RESPONDENT TO THE PETITIONER

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P2(A):COPY OF ENGLISH TRANSLATION OF EXHIBIT P2

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P3:TRUE COPY OF COMMUNICATION DATED 20.11.2014 ISSUED BY THE
RESPONDENT TO MEMBER OF THE PANCHAYATH

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P3(A):COPY OF ENGLISH TRANSLATION OF EXHIBIT P3

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P4:TRUE COPY OF REPLY DATED 16.02.2015 TO EXHIBIT P2
COMMUNICATION SUBMITTED BY PETITIONER

Govindan Nambiar v. Secretary, Vellamunda Grama Panchayath

Case brief

What is this about?

What did the court decide?

Govindan Nambiar v. Secretary, Vellamunda Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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