High Court Kerala High Court

Neena Mathew vs The Thamarassery Grama Panchayth on 22 November, 2006

Kerala High Court
Neena Mathew vs The Thamarassery Grama Panchayth on 22 November, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30856 of 2006(W)


1. NEENA MATHEW, W/O. DEVASSIA P.,
                      ...  Petitioner

                        Vs



1. THE THAMARASSERY GRAMA PANCHAYTH,
                       ...       Respondent

2. THE SECRETARY,

3. STATE OF KERALA,

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :22/11/2006

 O R D E R
                        PIUS C.KURIAKOSE, J.

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

                    W.P.(C)NO. 30856  of    2006

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

           Dated this  22nd   day of    November , 2006





                                JUDGMENT

The petitioner’s grievance is that, though on the strength of

an auction conducted on the basis of Ext.P1 auction notice a

room belonging to the first respondent Panchayat was auctioned

to her and she was put in possession of the room, the respondent

Panchayat has now under Ext.P5 order canceled the auction and

directed her to collect back the amounts which had been

deposited by her with the Panchayat. Sri.Sunny Mathew the

learned counsel for the petitioner submits that on the basis of

Exts. P2 to P4 the petitioner is actually conducting business in

the premises and therefore implementation of Ext.P5 will work

out considerable hardship towards the petitioner.

2. I do not propose to examine the genuineness of the

above grievance. I notice that the petitioner has remedy before

the Tribunal for Local Self Government Institutions. Hence I

relegate the petitioner to that remedy. However, any

proceedings for evicting the petitioner from the room in

question on the strength of Ext.P5 will be kept in abeyance for a

period of three weeks from today.

PIUS C.KURIAKOSE

Judge

dpk