IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 11324 of 2007(W) -------------------------- PETITIONER: ------------ M.S.MOIDEEN, AGED 62 YEARS, S/O.SAYED, RESIDING AT MONIKATTIL HOUSE, CHERUVATTUR P.O., ERAMALOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.S.HARIKRISHNAN SRI.S.ABHILASH RESPONDENTS: ------------- 1. THE ADIMALI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ADIMALI, IDUKKI DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT, DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 11324 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - 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 WPC.No.11324/07 2 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. WPC.No.11324/07 2