IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 9179 of 2011(V) -------------------------------------- PETITIONER(S): ------------------------ THANKAMMA JOSEPH, CHETTANIYIL HOUSE, SREEDHAREEYAM ROAD, KOOTHATTUKULAM P.O., ERNAKULAM. BY ADV. SRI.BENOY K.KADAVAN RESPONDENT(S): ---------------------------- KOOTHATTUKULAM GRAMA PANCHAYATH, KOOTHATTUKULAM P.O., 686 662,ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.M.JAMALUDHEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9179/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXTRACT OF THE RATION CARD. P2: COPY OF DEATH CERTIFICATE OF MR. BENNY JOSEPH ISSUED BY THE RESPONDENT. P3: COPY OF THE RECEIPT ISSUED BY THE RESPONDENT. P4: COPY OF THE REPRESENTATION FILED BY THE PETITIONER DTD. 23/02/2011. P5: COPY OF THE NOTICE ISSUED BY THE RESPONDENT DTD. 14/03/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 9179 of 2011 --------------------------------------- Dated this the 4th day of August 2011. JUDGMENT Petitioner is a 75 year old widow. Her son was the licensee of shop room No.6 of the Shopping Complex owned by the respondent Panchayat. The petitioner's son was running a small stationery and juice shop in the said shop room. The petitioner along with her son was conducting the business. Both of them erk their livelihood from the income derived from the said business. The petitioner submits that she was solely depending upon her son for her livelihood. Unfortunately her son met with an accident and he succumbed to death on 26.3.2010. The petitioner left with no other source of income. Petitioner wanted to continue the small business conducted in the shop room No.6, submitted a representation before the Panchayat Committee requesting to permit her to continue the W.P.(C) No.9179/2011 2 business in the said shop room and also requested to change the lease in her name as the lease period will expire on 31.3.2011. Subsequently, the petitioner submitted Ext.P4 representation dated 23.2.2011.The grievance of the petitioner is that no action was taken on Ext.P4 representation . At the same time, the respondent is taking speedy steps to evict the petitioner from the premises. 2. It is pointed out by the petitioner that her son was conducting the business in the Panchayat shop room No.6 for the last 30 years. The petitioner being left with no source of income wanted to live by running the same business conducted in the same shop room. It is pointed out that all the licensee of the other shop rooms are continuing in the same premises, though the license period fixed is limited to one year term. 3. In this circumstances the Panchayat shall seriously consider the request of the petitioner to continue to occupy the shop room provided, the petitioner shall satisfy all the conditions for the grant of license. For the aforesaid reasons this court directs the Secretary of the W.P.(C) No.9179/2011 3 respondent Panchayat to consider the grievance of the petitioner favourably and pass orders. The petitioner shall not be disturbed till a final decision is taken in the matter provided, the petitioner shall pay monthly payments due to the Panchayat. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al