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.
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W.P.(C)No.30670 OF 2008
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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
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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
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