IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WA.No. 1784 of 2009 ------------------------------ AGAINST THE JUDGEMENT IN WPC.11535/2007 Dated 05/01/2009 .................... APPELLANT/1ST PETITIONER ------------------------------------------ ANANDAN P.M., TRADER, SHOP NO.XII/11201, PUTHIYAMADATHIL HOUSE, AYANIKKAD POST, KOYILANDY TALUK, KOZHIKODE DIST., KERALA STATE. BY ADV. SRI.B.KRISHNAN RESPONDENTS/RESPONDENTS AND PETITIONERS 2 TO 16 ------------------------------------------------------------------------------------- 1. THE SECRETARY, PAYYOLI GRAMA PANCHAYATH, SPECIAL GRADE, POST MELADY, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 2. PAYYOLI GRAMA PANCHAYATH(SPECIAL GRADE), WITH ADDRESS FOR SERVICE - CHAIRMAN, PAYYOLI GRAMA PANCHAYATH, POST MELADY, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 3. STATE OF KERALA, WITH ADDRESS FOR SERVICE-SECRETARY, LOCAL ADMINISTRATION, TRIVANDRUM. 4. C.P.BHASKARAN, TRADER, SHOP NO.XXII/120G, 12, GOKULAM MOODADI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 5. HASHIM P., TRADER, SHOP NO.XXII/1120F, RINOOS, KOTTAKKAL, IRINGAL POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 6. SHAMSUDDIN, TRADER, SHOP NO.XXII/1120G,14A, MISBASHA, PURAKKAD POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. W.A.NO.1784/2009 - 2 - 7. PRAJIN, TRADER, SHOP NO.XXII/1120G,14, PRANAV, PAYYOLI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 8. PRAJESH, TRADER, SHOP NO.XXII/1120G 13, PRANAV, PAYYOLI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 9. PREMKUMAR M.V., TRADER, SHOP NO.XXII/1120G8, SUKRITHAM, THIKKODI POST, KOYILANDY TALUK,KOZHIKODE DISTRICT, KERALA STATE. 10. V.P.KRISHNAN, TRADER, SHOP NO.XXII/1120G-10, VADAKKE VALIYAPARAMBIL HOUSE, THIKKODI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 11. V.P.RAMESAN, TRADER, SHOP NO.XXII/1120G-11, VADAKKE VALIYAPARAMBIL HOUSE, THIKKODI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 12. KOMATH JANAKI, TRADER, SHOP NO.XXII/1120G-5, KOMATH HOUSE, PAYYOLI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 13. UNNIKRISHNAN M., TRADER, SHOP NO.XXII/1120H-1, MONADANPOYIL, AYANIKKAD POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 14. NARAYANAN T.K., TRADER, SHOP NO.XXII/1120M-1, THYKKANDI PALLIKKARA POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 15. SAMAD, TRADER, SHOP NO.XXII/1120D-1, MUKKADATH HOUSE, PAYYOLI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 16. FAISAL K.V., TRADER, SHOP NO.XXII/1120 A-1, KIZHAKKE OOLAYIL HOUSE, THIKKODI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. 17. MOIDEEN M.C., TRADER, SHOP NO.XXII/1120B-1, MARIYAM MANZIL, PAYYOLI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. W.A.NO.1784/2009 - 3 - 18. A.S.MURUKAN, TRADER, SHOP NO.XXII/1120R-1, VADAKKE CHETTHIL HOUSE, KOTTAKKAL POST, KOYILANDY TALUK, KOZHIKODE DISTRICT, KERALA STATE. R1 & R2 BY ADV.SRI.C.VALSALAN R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.1784 of 2009 ------------------------------------------ Dated this the 20th day of August, 2009 JUDGMENT Basheer, J. Heard Sri.B.Krishnan, learned counsel for the appellant and Sri.C.Valsalan, learned counsel appearing for respondent Nos.1 and 2. 2. After arguing the matter for quite some time, learned counsel for the appellant seeks permission to withdraw the writ appeal with liberty to approach respondent No.1 Panchayat for appropriate modification of the tenure of the lease agreement entered into between him and the Panchayat. With the said liberty reserved in favour of the appellant the writ appeal is closed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns