IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 11324 of 2007(W)
1. M.S.MOIDEEN, AGED 62 YEARS,
... Petitioner
Vs
1. THE ADIMALI GRAMA PANCHAYATH
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.S.HARIKRISHNAN
For Respondent :SRI.LATHEESH SEBASTIAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :24/03/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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W.P.(c).No. 11324 OF 2007
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Dated this the 24th day of March, 2008
JUDGMENT
A perusal of Ext.P6 lease deed produced by the petitioner itself
will show that the period of the lease will expire by the 31st March
instant. Of course, the petitioner has a contention that Ext.P6
document was not a genuine document and that the document which
the petitioner intended to execute was in terms of Ext.P1 which
contains a clause for renewal. It is difficult for this court sitting in this
jurisdiction to accept the case of the petitioner that Ext.P6 was not
knowingly executed by him. Apparently the term of the lease is
coming to a close on 31/03/2008, I am of the view that the Panchayat
can be permitted to take a decision as to whether the lease should be
renewed in favour of the petitioner or the Panchayat should go in for a
public auction. The Panchayat will take such a decision at the earliest
and at any rate within three weeks of receiving a copy of this judgment.
The petitioner is permitted to produce all relevant documents before the
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Panchayat immediately. The Panchayat will consider those documents
as well as the grounds in this writ petition while taking decision, if
documents are filed within three days. Once decision is taken, the
same will be communicated to the petitioner. If the decision of the
Panchayat is to go in for auction, the petitioner should also be
permitted to participate in the auction.
PIUS.C.KURIAKOSE
JUDGE
sv.
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