IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 30588 of 2010(W) --------------------------------------- PETITIONER(S): ----------------------- 1. JAMALUDDIN,AGED 60 YEARS, S/O.LATE MOHAMMED KUNJI & LATE NAFEEZA KUNJI, ALUMMOOTTIL THARAYIL, KANNAMBILLI BHAGAM MURI, KEERIKADU VILLAGE,PATHIYOOR GRAMA PANCHAYATH, KAYAMKULAM PO, ALAPPUZHA DISTRICT,PIN 690 502. 2. THAJUDEEN,AGED 58 YEARS, S/O.LATE MOHAMMED KUNJI & LATE NAFEEZA KUNJI, ALUMMOOTTIL THARAYIL, KANNAMBILLI BHAGAM MURI KEERIKADU VILLAGE,PATHIYOOR GRAMA PANCHAYATH, KAYAMKULAM PO, ALAPPUZHA DISTRICT,PIN 690 502. 3. SUBAIDA,AGED 54 YEARS, D/O.LATE MOHAMMED KUNJI & LATE NAFEEZA KUNJI, ALUMMOOTTIL THARAYIL, KANNAMBILLI BHAGAM MURI KEERIKADU VILLAGE,PATHIYOOR GRAMA PANCHAYATH, KAYAMKULAM PO, ALAPPUZHA DISTRICT,PIN 690 502. 4. NOORJAHAN,AGED 51 YEARS, D/O.LATE MOHAMMED KUNJI & LATE NAFEEZA KUNJI, ALUMMOOTTIL THARAYIL, KANNAMBILLI BHAGAM MURI, KEERIKADU VILLAGE,PATHIYOOR GRAMA PANCHAYATH, KAYAMKULAM PO, ALAPPUZHA DISTRICT,PIN 690 502. 5. SAIFUDEEN,AGED 49 YEARS, S/O.LATE MOHAMMED KUNJI & LATE NAFEEZA KUNJI, ALUMMOOTTIL THARAYIL, KANNAMBILLI BHAGAM MURI, KEERIKADU VILLAGE,PATHIYOOR GRAMA PANCHAYATH, KAYAMKULAM PO, ALAPPUZHA DISTRICT,PIN 690 502. 6. SUKHAINA,AGED 45 YEARS, D/O.LATE MOHAMMED KUNJI & LATE NAFEEZA KUNJI, ALUMMOOTTIL THARAYIL, KANNAMBILLI BHAGAM MURI, KEERIKADU VILLAGE,PATHIYOOR GRAMA PANCHAYATH, KAYAMKULAM PO, ALAPPUZHA DISTRICT,PIN 690 502. tss W.P.(C) NO.30588/2010 7. SULEKHA,AGED 42 YEARS, D/O.LATE MOHAMMED KUNJI & LATE NAFEEZA KUNJI, ALUMMOOTTIL THARAYIL, KANNAMBILLI BHAGAM MURI, KEERIKADU VILLAGE,PATHIYOOR GRAMA PANCHAYATH, KAYAMKULAM PO, ALAPPUZHA DISTRICT,PIN 690 502. 8. MEHERBAN,AGED 38 YEARS, D/O.LATE MOHAMMED KUNJI & LATE NAFEEZA KUNJI, ALUMMOOTTIL THARAYIL, KANNAMBILLI BHAGAM MURI, KEERIKADU VILLAGE,PATHIYOOR GRAMA PANCHAYATH, KAYAMKULAM PO, ALAPPUZHA DISTRICT,PIN 690 502, REPRESENTED NEXT FRIEND AND BROTHER THAJUDHEEN (2ND PETITIONER) BY ADV. SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) RESPONDENT(S): ------------------------- PATHIYOOR GRAMA PANCHAYATH, PATHIYOOR, KEERIKADU PO, KAYAMKULAM,ALAPPUZHA DISTRICT, PIN 690 508, REP.BY ITS SECRETARY. R1 BY ADV. SRI.RENJIT GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30588/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFIED COPY OF THE SALE DEED NO.1747/1956 SRO KAYAMKULAM IN FAVOUR OF NAFEESA KUNJI EXECUTED BY HER FATHER ALUMMOOTTIL KOCHUNNY KUNJI. P2:- COPY OF THE DEED OF LICENSE DTD. 11.121956 EXECUTED BY KOCHUNNI KUNJI AND OTHERS WITH THE RESPONDENT PANCHAYATH AS PRODUCED IN SA. 64/1990 BEFORE THIS HONOURABLE COURT.. P3:- COPY OF THE JUDGMENT DTD. 2.6.2000 OF THE HONOURABLE HIGH COURT OF KERALA IN SA. 64/1990. P4:- COPY OF THE APPLICATION SEEKING INFORMATIN ABOUT MARKET, SUBMITTED BY THE 3RD PETITIONER TO THE RESPONDENT DTD. 10.6.2010 AND RECEIVED BY THE RESPONDENT ON 16.6.2010. P5:- COPY OF THE REPLY DTD. 8.7.2010 ISSUED BY THE RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. P6:- COPY OF THE BASIC TAX REGISTER EXTRACT OF RESURVEY NO.464/17 ISSUED FROM VILLAGE OFFICE KEERIKADU. P7:- COPY OF THE TAX PAID RECEIPT IN RESURVEY NO.464/17-2 AND 464/17-3 IN FAVOUR OF THE 7TH PETITIONER SULEKHA BEEVI IN THANDAPER NO.9370 OF KEERIKADU VILLAGE. P8:- COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE ABOVE SAID PROPERTY, IN FAVOUR OF 7TH PETITIONER ISSUED BY THE VILLAGE OFFICE KEERIKADU. P9:- COPY OF THE TAX PAID RECEIPT IN RESURVEY NO.464/17-B2 IN THANDAPER NO.10634 IN FAVOUR OF POOKUNJU FOR 0.52 ARES. P10:- COPY OF THE TAX PAID RECEIPT IN RESURVEY NO.464/17-B IN THANDAPER NO.9873 IN FAVOUR OF AZAD KOKKADAN FOR 0.09 ARES. P11:- COPY OF THE TAX PAID RECEIPT IN RESURVEY NO.464/17-5 IN FAVOUR OF PETITIONERS 3,4,6 AND 7 ISSUED FROM THE KEERIKADU VILLAGE OFFICE IN THANDAPER NO.12548. P12:- COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTY IN RESURVEY NO.464/17-5 IN FAVOUR OF THE PETITIONERS 3,4,6 AND 7 ISSUED BY THE VILLAGE OFFICE KEERIKADU. P13:- COPY OF THE REPRESENTATION DTD. 21.12.2009 GIVEN BY THE PETITIONERS TO THE RESPONDENT PANCHAYATH. P14:- NOTICE DTD 18.2.2010 CALLING THE PETITIONERS FOR A MEETING, ISSUED BY THE RESPONDENT. TRUE COPY P.A.TO JUDGE tss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 30588 of 2010 --------------------------------------- Dated this the 11th day of October 2011. JUDGMENT The writ petition is filed seeking a direction commanding the respondent to consider and pass appropriate orders on Ext. P13 representation and for other incidental reliefs. 2. When the matter was taken up for final hearing today, the learned counsel for the petitioners submits that Ext.P13 representation is pending consideration before the respondent and requests this Court that a direction may be issued to the respondent to consider and pass appropriate orders on Ext.P13 representation within a time frame to be fixed by this Court. 3. 30 cents of land originally belonging to the the predecessor of the petitioners was handed over to the respondent Panchayat for the purpose of conducting a public market under a licence agreement. Licence was granted vide Ext.P2 dated 11.12.1956. The petitioners submit that in due course, the market activity is confined to only 3-4 cents and that the respondent is at present running a name sake evening market without any permanent W.P.(C) No. 30588/2010 2 structures and that the Panchayat gets only an annual income of Rs. 1500/- by auctioning the right to collect the fees from the said market. It is pointed out that hardly any activity is carried on worth a mention or of any profit and use to the Panchayat or the public. The petitioners further submits that they are extremely poor and are finding it difficult to make both ends meet. 4. In the aforesaid circumstances, petitioners submitted Ext.P13 representation stating that they have no objection in the Panchayat in running the market in the aforesaid area and requested the Panchayat to give up their claims on the rest of the area and to re-convey the balance property now in the possession of the Panchayat. 5. In para 4 of the statement filed by the Panchayat, it is stated that, considering the pathetic situation of the petitioners, the Panchayat is ready to give up their right over 23 cents of land by retaining 7 cents of land including the land used as way to the market subject to the concurrence and sanction of the Government. It is also stated that the Panchayat can decide the issue only after receiving sanction from the Government and that the Panchayat is ready to consider Ext.P13 representation. W.P.(C) No. 30588/2010 3 6. In the aforesaid facts and circumstances of the case, a direction is issued to the Panchayat to consider and pass appropriate orders on Ext.P13 representation within a period of one month from the date of receipt of a copy of this judgment. The Panchayat shall after taking a decision on Ext.P13 representation, forward the same to the Government for appropriate action. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al