IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 30670 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. M.B.RADHAKRISHNAN, S/O.BALAKRISHNAN, AGED 45 YEARS, MUNDACHERY HOUSE, KORUMIBISSERY, IRINJALAKUDA, TRISSUR. 2. MANOJKUMAR, S/O.VASUDEVAN, 30 YEARS, CHERIYIL HOUSE, IRINJALAKUDA, TRISSUR. BY ADV. SRI.R.DIVAKARAN SRI.BINOI GEORGE (CHERUKARA) SRI.VINUCHAND RESPONDENT(S): --------------- 1. KAIPAMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KAIPAMANGALAM P.O., TRISSUR DISTRICT. 2. DEPUTY DIRECTOR OF PANCHAYATH, TRISSUR DISTRICT. 3. SECRETARY TO LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.DINESH R.SHENOY FOR R1 GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30670 of 2008 EXT.P1: COPY OF THE LICENCE ISSUED BY THE 1ST RESPNDENT ON 2/5/88 DATED 2/5/88. EXT.P2; COPY OF THE SHOW CAUSE NOTICE TO THE 2ND PETITIONER. DATED 1/3/2008. EXT.P3: COPY OF THE REPRESENTATION DATED 27/3/08. EXT.P4: COPY OF THE ACKNOWLEDGEMENT FROM THE DEPARTMENT OF INDUSTRY. EXT.P5: COPY OF THE REREPSENTATION SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS EXT.R1(a): COPY OF LETTER NO.KWA/JB/SU/2555/05/LT DTD 6/3/2008 ISSUED BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY. EXT.R1(b): COPY OF RESOLUTION NO.15 DATED 4/8/2008 ADOPTED BY R1 PANCHAYAT. EXT.R1(c): COPY OF LETTER NO.D1-1232/2006 DTD 1/11/2008 ISSUED BY THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY. EXT.R1(d): COPY OF LETTER NO.A2.157/2008 DATED 5/11/2008 ISSUED BY THE 1ST RESPONDENT TO THE KERALA WATER AUTHORITY. EXT.R1(e): COPY OF RECEIPT NO.839935 DATED 5/11/2008. EXT.R1(f): COPY OF RECEIPT NO.839936 DATED 5/11/2008. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.30670 OF 2008 ---------------------------------------- Dated this the 26th day of November, 2008 JUDGMENT The petitioners are conducting a business of Ice Cream Unit in three rooms of the Aravusala Shopping Complex of the 1st respondent. The 1st respondent issued licence to the petitioners which is being renewed from year to year. The 1st respondent issued a show cause notice to the 2nd petitioner on 1.3.2008 stating that the Panchayat does not intend to renew the rent agreement, since they want to demolish the Shopping Complex for the purpose of constructing a bus stand in the place of the Shopping Complex, after acquiring adjacent land belonging to the Water Authority. On receipt of Ext.P2 notice, the petitioners and other tenants of the 1st respondent submitted a representation before the 1st respondent on 27.3.2008 undertaking to vacate the building before starting construction of the bus stand and seeking permission to continue till then. 2. The petitioners' grievance in this writ petition is that the same is not being considered by the Panchayat. I had W.P.(c)No.30670/08 2 directed the learned Standing Counsel for the Panchayat to get instructions as to whether the Panchayat is willing to allow them to continue on an undertaking that they would, without any objection whatsoever, vacate the rooms occupied by them on issue of a notice one week prior to start the construction. 3. I have heard the learned Standing Counsel appearing for the Panchayat also. Today the learned Standing Counsel submits that if this Court directs so, the Panchayat would abide by the same. In the above circumstances, I dispose of this writ petition with the following directions: One week prior to the date when the Panchayat intends to demolish the Shopping Complex for the purpose of construction of the bus stand, the Panchayat shall issue a notice to the petitioners. After getting the notice, the petitioners shall, without any objection whatsoever, surrender vacant possession of the Shop rooms to the 1st respondent, within one week from the date of receipt of the notice. If they do not do so, they will be liable to be proceeded against for violation of the undertaking made before this Court including proceedings under the Contempt of Courts Act. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.30670/08 3