IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 32753 of 2008(Y) -------------------------- PETITIONER(S): --------------- K.P.AJAY GHOSH, AGED 40, S/O.PAVITHRAN, KUNDANKUZHIYIL HOUSE, CHIRAKKEKAM, VARAPPUZHA PO BY ADV. SRI.T.N.SURESH SRI.ROY THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. VARAPPUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VARAPPUZHA PO 3. BENZAB, AGED 25, S/O.BEERAVU, KARUVELI HOUSE, MANNAMTHURUTHU, VARAPPUZHA P.O ADV. SRI.V.A.MUHAMMED FOR R2 SRI.K.E.HAMZA FOR R2 SRI.K.K.JAYARAJ NAMBIAR FOR R3 SMT N.SUDHA DEVI GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON 19/06/2009 DELIVERED THE FOLLOWING: WP(C)No.32753/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: THE TRUE COPY OF THE NOTICE DATED 23.3.07 ISSUED BY THE 2ND RESPONDENT TO THEPETITIONER. EXHIBIT P2: THE TRUE COPY OF THE AGREEMENT DATED 1.4.2008 EXHIBIT P3: THE TRUE COPY OF THE NOTICE DATED 6.10.2008. EXHIBIT P4: THE TRUE COPY OF THE COMPLAINT DATED 24.10.2008. EXHIBIT P5: THE TRUE COPY OF THE RECEIPT NO.36 IN BOOK NO.11166 DATED 25.10.2008 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6: THE TRUE COPY OF THE RECEIPT NO. 69 BOOK NO.11166 DATED 3.11.2008 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A.TO JUDGE vgd S.SIRI JAGAN ----------------------------- WP(C) No.32753 of 2008 --------------------------------- Dated this the 19th day of June, 2009 JUDGMENT The petitioner claims that Room No.F12 belonging to the 2nd respondent Panchayath was alloted to the petitioner on lease. Ext.P2 rental agreement dated 01.04.2008 was also executed by the petitioner. By Ext.P3 notice dated 06.10.2008, the 2nd respondent directed the petitioner to pay the rent arrears. The petitioner complains that in spite of paying the rent arrears, the petitioner has not been put in possession of the said room and the same is occupied by the 3rd respondent. The petitioner therefore seeks the following reliefs: “i) call for the records in connection Ext.P1 to Ext.P6 from the 2nd respondents concerned. ii) issue a writ of mandamus directing the 2nd respondent to consider Ext.P4 and take immediate action to remove the illegal occupation of respondent No.3 in room No.F12 and the vacant possession to the petitioner expeditiously.” 2. The contention of the Panchayath is that they committed a mistake in allotting room no.F12 to the petitioner, which had earlier been alloted to the 3rd respondent and he had occupied the same pursuant thereto even before it was alloted to the petitioner. 3. According to the petitioner room no.11 is now vacant and in respect of the same the petitioner has submitted Ext.P4 representation. The petitioner would now be satisfied if the Panchayat is directed to consider W.P.C.No.32753 of 2008 2 Ext.P4. 4. I have heard of the parties. In the facts and circumstances of the case I am also of the opinion that the 2nd respondent should consider Ext.P4 representation filed by the petitioner. Accordingly this writ petition is disposed of with a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P4 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner as well as the 3rd respondent. S.SIRI JAGAN JUDGE vgd