IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 34539 of 2010(N) --------------------------------------- PETITIONER: ------------------- M.SETHUMADHAVAN,AGED 66 YEARS, S/O.M.P.MENON,MUDAVAKKAT HOUSE,CONVENOR, MENCHIRA KOLEPADAVU COMMITTEE,EDAKKALATHUR, PARAPPUR.P.O,680 552,THRISSUR DISTRICT. BY ADV. SRI.C.PRABIN BENNY. RESPONDENTS: ------------------------ 1. THOLLUR GRAMA PANCHAYATH,PARAPPUR.P.O, THRISSUR,REPRESENTED BY ITS SECRETARY,PIN-680 552. 2. THOLLUR GRAMA PANCHAYATH COMMITTEE, PARAPPUR.P.O,680 552,THRISSUR DISTRICT, REPRESENTED BY ITS PRESIDENT. 3. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM-1. R1 & R2 BY ADV. SRI.RAJESH CHAKYAT, R3 BY GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34539/2010-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: PHOTOGRAPHS OF THE 20 ACRE PURAMBOKE LAND (THARISHU) WHICH IS SITUATED IN THE MIDDLE OF THE 175 ACRE OF PADDY FIELD. EXT.P.2: PHOTOGRAPHS OF THE WORK TO MAKE THE PURAMBOKE LAND SUITABLE FOR CULTIVATION. EXT.P.3: PHOTOGRAPHS OF THE FUNCTION. EXT.P.4: COPY OF THE PAPER REPORT, REPORTED IN MALAYALA MANORAMA METRO MANORAMA DTD. 14/02/2009. EXT.P.5: COPY OF THE INVITATION OF THE HARVEST FESTIVAL. EXT.P.6: PHOTOGRAPHS OF THE HARVEST FESTIVAL. EXT.P.7: PHOTOGRAPHS OF THE FUNCTION OF DISTRIBUTION OF THE PROFIT. EXT.P.8: COPY OF THE APPLICATION DTD 20/04/2009 BEFORE THE R.2. EXT.P.9: COPY OF THE DECISION NO.105/2009 DTD. 05/06/2009 OF THE R.2. EXT.P.10: COPY OF THE DECISION NO.106/09 DTD. 15/06/2009 OF THE R.2. EXT.P.11: COPY OF THE RECEIPT DTD. 14/07/2010 ISSUED BY THE R.1. EXT.P.12: COPY OF THE AGREEMENT DTD. 14/07/2010. EXT.P.13: COPY OF THE STOP MEMO ISSUED BY THE R.1. EXT.P.14: COPY OF THE ORDER NO.2386/2010 DTD. 21/07/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 34539 of 2010 N ``````````````````````````````````````````````````````` Dated this the 14th day of December, 2010 J U D G M E N T Petitioner has approached this Court challenging Exts.P13 and P14. Pleadings show that based on Ext.P9 resolution of the respondent Panchayat, the Menchira Kolepadavu Committee, of which petitioner is the Convenor, was granted permission to cultivate in the 20 acres of paddy field belonging to the Panchayat for a period of five years. On the basis of the above, petitioner cultivated the paddy field and Ext.P12 is the agreement that was entered into for the year 2010-2011. 2. While the matter stood thus, Government issued Ext.P14 order, ratifying the permission granted by the Panchayat for the year 2009-2010 and directing that for the future any permission granted shall be on the basis of public auction. Based on Ext.P14, the Panchayat issued Ext.P13 W.P.(C) No.34539/10 : 2 : stop memo and challenging Exts.P13 and P14, this writ petition is filed. 3. Today, when the matter came up for orders, learned Government Pleader, on instructions, submits that the land in question is not revenue puramboke and that the land in question is vested in the Panchayat. Counsel for the Panchayat stands by Ext.P9 decision and submits that Ext.P13 stop memo was issued only because of Ext.P14 Government Order. 4. Now that the Government have clarified the position that the land in question is vested in the respondent Panchayat and as the Panchayat still stands by Ext.P9 decision, necessarily, Ext.P14 to the extent auction is directed to be held and Ext.P13 stop memo issued on the basis of Ext.P14 cannot survive. Therefore, I quash Ext.P14 to the extent what is stated above, and also Ext.P13 stop memo issued by the Panchayat. There will be a direction to permit the petitioner to enjoy the benefit of Ext.P9 decision of the W.P.(C) No.34539/10 : 3 : Panchayat. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge