High Court Kerala High Court

M.B.Radhakrishnan vs Kaipamangalam Grama Panchayath on 28 November, 2008

Kerala High Court
M.B.Radhakrishnan vs Kaipamangalam Grama Panchayath on 28 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30670 of 2008(A)


1. M.B.RADHAKRISHNAN, S/O.BALAKRISHNAN,
                      ...  Petitioner
2. MANOJKUMAR, S/O.VASUDEVAN, 30 YEARS,

                        Vs



1. KAIPAMANGALAM GRAMA PANCHAYATH,
                       ...       Respondent

2. DEPUTY DIRECTOR OF PANCHAYATH,

3. SECRETARY TO LOCAL SELF GOVERNMENT,

                For Petitioner  :SRI.R.DIVAKARAN

                For Respondent  :SRI.DINESH R.SHENOY

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :28/11/2008

 O R D E R
                        S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.30670 OF 2008
              ----------------------------------------
             Dated this the 26th day of November, 2008

                           JUDGMENT

The petitioners are conducting a business of Ice Cream Unit

in three rooms of the Aravusala Shopping Complex of the 1st

respondent. The 1st respondent issued licence to the petitioners

which is being renewed from year to year. The 1st respondent

issued a show cause notice to the 2nd petitioner on 1.3.2008

stating that the Panchayat does not intend to renew the rent

agreement, since they want to demolish the Shopping Complex

for the purpose of constructing a bus stand in the place of the

Shopping Complex, after acquiring adjacent land belonging to the

Water Authority. On receipt of Ext.P2 notice, the petitioners and

other tenants of the 1st respondent submitted a representation

before the 1st respondent on 27.3.2008 undertaking to vacate the

building before starting construction of the bus stand and seeking

permission to continue till then.

2. The petitioners’ grievance in this writ petition is that

the same is not being considered by the Panchayat. I had

W.P.(c)No.30670/08 2

directed the learned Standing Counsel for the Panchayat to get

instructions as to whether the Panchayat is willing to allow

them to continue on an undertaking that they would, without

any objection whatsoever, vacate the rooms occupied by them

on issue of a notice one week prior to start the construction.

3. I have heard the learned Standing Counsel

appearing for the Panchayat also. Today the learned Standing

Counsel submits that if this Court directs so, the Panchayat

would abide by the same. In the above circumstances, I

dispose of this writ petition with the following directions:

One week prior to the date when the Panchayat intends

to demolish the Shopping Complex for the purpose of

construction of the bus stand, the Panchayat shall issue a

notice to the petitioners. After getting the notice, the

petitioners shall, without any objection whatsoever, surrender

vacant possession of the Shop rooms to the 1st respondent,

within one week from the date of receipt of the notice. If they

do not do so, they will be liable to be proceeded against for

violation of the undertaking made before this Court including

proceedings under the Contempt of Courts Act.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.30670/08 3