IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 27219 of 2010(B) -------------------------- PETITIONER(S): --------------- SMT. MUTHUMARI, D/O PALIAH, AGED 40 YEARS, CHOKKANADU NORTH, MUNNAR.P.O., SECRETARY OF VANITHA CANTEEN CO-OPERATIVE SOCIETY LTD. NO.1/858/98 MUNNAR. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): --------------- 1. MUNNAR GRAMA PANCHAYATH REPRESENTED BY SECRETARY, PANCHAYATH OFFICE, MUNNAR.P.O.,685612. 2. PRESIDENT, MUNNAR GRAMA PANCHAYATH, MUNNAR.P.O., PIN-685612. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.27219 of 2010 ------------------------------- Dated this the 16th day of September, 2010 J U D G M E N T The petitioner is the Secretary of Vanitha Canteen Co-operative Society Ltd.No.I/858/98 Munnar. The said society was running a canteen in a building belonging to the Munnar Grama Panchayat. Even before the period of the licence came to an end, the society was evicted for the purpose of constructing a new shopping complex in the site of the said building. The society surrendered possession way back in the year 2008. The grievance voiced by the petitioner in this writ petition is that though a new shopping complex has been put up and the society has been repeatedly requesting the Munnar Grama Panchayat for allotment of space to run a canteen in that building, till date, no decision has been taken on that request, a copy of which is produced as Ext.P20. In the writ petition, the petitioner seeks a direction to respondents 1 and 2 to allocate the canteen space in newly constructed shopping complex to the society. 2. A statement dated 15.9.2010 has been filed by the W.P.(C) No.27219 of 2010 2 learned standing counsel for the Munnar Grama Panchayat. The relevant portion thereof reads as follows:- “The petitioner was conducting a canteen before the bifurcation of the Munnar Grama Panchayat into Munnar Grama Panchayath and Devikulam Grama Panchayath. At present the petitioner is a member of the Devikulam Grama Panchayath. However, the petitioner is not conducting any canteen at present in the Munnar Panchayath. However, the petitioner has been provided petty shop by the Panchayath, but no rent is being remitted by the petitioner even though she is conducting the same. As a matter of fact, on the basis of the application of the petitioner, the Panchayath Committee has taken a decision to construct a canteen in the Panchayath compound. In the facts and circumstances detailed above, the petitioner is not entitled to the reliefs sought for. The writ petition is devoid of merits and the same may kindly be dismissed. It is evident from the statement filed by the learned standing counsel for the Munnar Grama Panchayat that the committee of the Panchayat has taken a decision to construct a canteen building in the office compound of the Panchayat and to let it out W.P.(C) No.27219 of 2010 3 to the petitioner. It is also stated that in the shopping complex, the construction of which is nearing completion, there is no provision for running a canteen. In my opinion, the decision taken by the committee of the Panchayat to construct a building in the office compound of the Panchayat and to let it out to the society for running a canteen should dispel any apprehension which the petitioner entertains that the society's request will not be favourably considered. I accordingly dispose of the writ petition recording the statement filed by the learned standing counsel for the Munnar Grama Panchayat that the committee of the Panchayat has taken a decision to construct a building in the office compound of the Panchayat and to let it out to the Vanitha Canteen Co- operative Society Ltd. No.I/858/98, Munnar for running a canteen. P.N.RAVINDRAN, Judge. nj.