IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 34264 of 2004(D) -------------------------- PETITIONER: ------------ IDUKKI DISTRICT WHOLE SALE CONSUMER'S STORES LTD.NO.K.444, KATTAPPANA REP. BY ITS MANAGING DIRECTOR, KATTAPPANA P.O., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ------------- 1. THE NEDUMKANDOM GRAMA PANCHAYATH REP. BY ITS SECRETARY, NEDUMKANDOM P.O., IDUKKI DISTRICT. 2. THE SPECIAL GRADE SECRETARY, NEDUMKANDOM GRAMA PANCHAYATH, NEDUMKANDOM P.O., IDUKKI DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER NO. NCDC/13-3/2000 DATED 13.3.2001 EXT.P2 TRUE COPY OF G.O.MS NO. 113/2001/AD DATED 31.3.2001 EXT.P3 TRUE COPY OF THE REQUEST DATED 31.7.2001 SUBMITTED BEFORE THE RESPONDENT PANCHAYAT BY THE PETITIONER DATED 31.7.2001 EXT.P4 TRUE COPY OF THE AGREEMENT DATED 21.8.2001 EXECUTED BETWEEN THE PETITIONER AND RESPONDENT. EXT.P5 TRUE COPY OF THE LETTER DATED 13.3.2002 SENT BY THE PETITIONER TO THE SECRETARY OF THE RESPONDENT PANCHAYAT. EXT.P6 TRUE COPY OF THE LETTER DATED 26.3.2002 ISSUED BY THE RESPONDENTS PANCHAYAT TO THE PETITIONER. EXT.P7 TRUE COPY OF THE RESOLUTION NO. 324 DATED 3.2.2003 OF THE BOARD OF DIRECTORS OF THE PETITIONER. EXT.P8 TRUE COPY OF LETTER NO. E128/2002-03 DATED 4.3.2003 SENT BY THE PETITIONER TO THE RESPONDENT. EXT.P9 TRUE COPY OF RESOLUTION NO. IV DATED 21.11.2003 OF THE RESPONDENT PANCHAYAT. EXT.P10 TRUE COPY OF THE RESOLUTION NO. 454 DATED 8.2.2004 OF THE BOARD OF DIRECTORS OF THE PETITIONER. EXT.P11 TRUE COPY OF THE LETTER DATED 20.2.2004 SENT BY THE PETITIONER TO THE RESPONDENT. EXT.P12 TRUE COPY OF THE LETTER DATED 3.3.2004 ISSUED BY THE SECRETARY OF RESPONDENT PANCHAYAT TO THE PETITIONER. EXT.P13 TRUE COPY OF REPRESENTATION DATED 10.3.2004 SUBMITTED BY THE PETITIONER SOCIETY BEFORE THE RESPONDENT. EXT.P14 TRUE COPY OF LETTER DATED 21.5.2004 SENT BY THE SECRETARY OF THE PANCHAYAT TO THE PETITIONER. EXT.P15 TRUE COPY OF THE RECEIPT DATED 2.6.2004 ISSUED BY THE PANCHAYATH. EXT.P16 TRUE COPY OF REVENUE RECOVERY DEMAND NOTICE DATED 15.11.2004 ISSUED BY THE SECRETARY OF THE FIRST RESPONDENT TO THE PETITIONER SOCIETY. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 34264 OF 2008 -------------------------------------------- Dated this the 23rd day of May, 2008 JUDGMENT Petitioner is challenging recovery proceedings initiated for recovery of arrears of rent payable by the petitioner-society to the first respondent panchayat. Even though petitioner has relied on a single Bench decision of this Court to the effect that revenue recovery proceedings cannot be initiated for recovery of arrears of rent due to the Panchayat, counsel for the Panchayat has referred to the decision of a Division Bench of this Court in PUDUNAEARAM GRAMA PANCHAYAT V. SALEEM, (2005) 4 K.L.T. 415, wherein Division Bench held that Panchayat dues can be recovered through revenue recovery proceedings. In the circumstances, W.P. is dismissed upholding the revenue recovery proceedings initiated against the petitioner with further direction to the second respondent to recover the arrears if not already paidy and remit it to the first respondent. (C.N. RAMACHANDRAN NAIR) Judge kk 2